The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I Section I states “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”. The enumerated powers of Congress are laid in out in Section 8 of the Article I. The eighteen enumerated powers are explicitly stated in Article I, Section 8. Article I, Section 8, Clause 18 is known as the Necessary and Proper Clause which gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution. The Necessary and Proper clause has been up for interpretation since the writing of the Constitution. A Supreme Court case that challenged the clause was McCollough v. Maryland (1819). The court ruled that the Necessary and
Proper clause gave Congress the implied power to create a second national bank in Maryland and the state could not tax the bank. Another Congressional power that was explicitly stated in the Constitution was the impeachment powers in Article I, Section 2 and 3. Congress has the authority to impeach a sitting President in office. The impeachment process is as such, the House of Representatives brings articles of impeachment against the official and then the Senate is responsible for the
impeachment trial. In order to impeach a sitting President, the Senate must vote two-thirds. Article III, Section 3 gives Congress the authority to decide on the punishment of treason. The Founding Fathers explicitly stated the powers of Congress in the Constitution in order to solidify that the power of the government comes from the people. The Constitution is a protected document that has been interpreted since its writing. The powers of Congress were laid out in order to establish our
government for the people, by the people. Earn your online bachelor’s degree from a regionally accredited university that has been an online education leader for more than 15 years. Complete the form to learn more about how you can earn your bachelor’s in political science and pick up in-demand emphasis areas and certificates along the way, giving yourself a competitive edge in the job market. Contact us today to
get started. References The Constitution of the United States: A Transcription. (2018, December 18). Retrieved February 27, 2019, from https://www.archives.gov/founding-docs/constitution-transcript By: Angie Kirby, EKU Graduate Assistant Introduction The United States is a government of enumerated powers. Congress, and the other two branches of the federal government, can only exercise those powers given in the Constitution. The powers of Congress are enumerated in several places in the Constitution. The most important listing of congressional powers appears in Article I, Section 8 (see left) which identifies in seventeen paragraphs many important powers of Congress. The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such important figures as Alexander Hamilton (who argued that the clause should be read broadly to authorize the exercise of many implied powers) and Thomas Jefferson (who argued that "necessary" really meant necessary). Hamilton's more flexible interpretation makes possible a strong central government, whereas Jefferson's narrower interpretation strengthens states' rights.  The Bank of the United States in Philadelphia. Alexander Hamilton argued that the Constitution's implied powers authorized its creation. The famous case of McCulloch vs Maryland considered whether Article I, Section 8 gave Congress the power to create a national bank and, if so, whether the state of
Maryland could tax it. For nine days, Daniel Webster and former Constitutional Convention delegate Luther Martin jargued the case before the justices of the Supreme Court. Chief Justice John Marshall, writing for the Court, found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause.
U. S. vs Gettysburg Elec. Ry. Co. (1896) considered whether Congress had the power to condemn a railroad's land in what was to be Gettysburg National Military Park. Writing for the Court, Justice Peckham found that the power to condemn the railroad's land was implied by the powers of Congress to declare war and equip armies because creation of the park "tends to quicken and strenghten" the motives
of the citizen to defend "the institutions of his country."
Skipping forward more than a century to the modern era, we see the Court in U. S. v Comstock (2010) give an especially broad
reading to the Necessary and Proper Clause. In Comstock, the Court upheld a federal law that authorized the continuing detainment, under a civil commitment program, of potentially dangerous sexual offenders who had completed their prison terms. The Court found the law "reasonably adapted" to a "legitimate" and constitutional end of government, and therefore to be constitutionally supported by the Necessary and Proper Clause. Writing for the Court, Justice Breyer
said the fact that the law was several steps removed from any of the enumerated powers of Article I was not fatal. Justices Thomas and Scalia dissented, arguing that the law "executes no enumerated power," and was therefore unconstitutional. Key Constitutional Grants Article I, Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
1. The
alternative to a government of enumerated powers is, of course, a government of unenumerated powers. The Constitution might have said "Congress shall have all powers not specifically prohibited elsewhere in this Constitution." What are the advantages and disadvantages of each system? What are the Powers given to Congress in Article 1 Section 8 quizlet?Congress holds the power to make & collect taxes, duties, imposts, & excises. They also must pay debts, & provide & support a military.
What Powers does Congress have under Article 1 Section 8 of the Constitution?The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Taxing Power.
What is described in Article 1 Section 8 of the Constitution?Section 8.
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Which Congress's Powers is implied through the Necessary and Proper Clause?Greenman, 110 U.S. 421, 439–40 (1884) (considering whether Congress's powers to borrow money, coin money, lay and collect taxes, and regulate interstate and foreign commerce implied the power to make paper notes legal tender for public and private debts under the Necessary and Proper Clause).
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The Necessary and Proper Clause in Article 1 Section 8 of the Constitution gives Congress powers
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