The Enumerated Powers vs. The Implied Powers
One way to limit the power of the new Congress under the Constitution was to be specific about what it could do. These enumerated, or listed, powers were contained in Article I, Section 8—the great laundry list of congressional chores. These included:
But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs as it allows Congress the possibility to generally assume additional powers not specifically listed in the Constitution, called Implied Powers, if there is a link to a power that is listed in the Constitution. For example, Congress may allocate money to test a missile-defense system (something not specifically listed in the Constitution) because Article I, Section 8, Clause 12 gives Congress the power to "raise and support Armies."
While this example may seem like an obvious extension of Congress's power, other powers that Congress has assumed over the years are not so obvious extensions of powers specifically listed in the Constitution. The exercise below gives you a list of implied powers of Congress. Beside each one, try to locate a clause in Article I, Section 8 of the Constitution that could justify Congress assuming that implied power. If you do not think there is justification in the Constitution for that power, write "no justification" in the space provided. Be prepared to back up your answers.
Example: Congress gives licenses to broadcasters to play music on the radio.
Answer: Clause 3 may justify this activity. It gives Congress the power to regulate interstate commerce. Broadcasting is a business. Thus, it is commerce. Airwaves cross over state lines, so it involves interstate commerce.
- Lay & collect taxes.
- Pay debts & borrow money.
- Regulate commerce.
- Coin money.
- Establish post offices.
- Protect patents & copyrights.
- Establish lower courts.
- Declare war.
- Raise and support an Army & Navy.
But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs as it allows Congress the possibility to generally assume additional powers not specifically listed in the Constitution, called Implied Powers, if there is a link to a power that is listed in the Constitution. For example, Congress may allocate money to test a missile-defense system (something not specifically listed in the Constitution) because Article I, Section 8, Clause 12 gives Congress the power to "raise and support Armies."
While this example may seem like an obvious extension of Congress's power, other powers that Congress has assumed over the years are not so obvious extensions of powers specifically listed in the Constitution. The exercise below gives you a list of implied powers of Congress. Beside each one, try to locate a clause in Article I, Section 8 of the Constitution that could justify Congress assuming that implied power. If you do not think there is justification in the Constitution for that power, write "no justification" in the space provided. Be prepared to back up your answers.
Example: Congress gives licenses to broadcasters to play music on the radio.
Answer: Clause 3 may justify this activity. It gives Congress the power to regulate interstate commerce. Broadcasting is a business. Thus, it is commerce. Airwaves cross over state lines, so it involves interstate commerce.
- Congress sets a federal minimum wage.
- Congress establishes the United States Air Force.
- Congress establishes national parks.
- Congress creates federal laws against pollution.
- Congress makes laws regarding discrimination in employment.
- Congress decides that televisions should have V-chips that enable parents to block certain shows.
- Congress passes the Gun-Free School Zones Act prohibiting anyone from possessing a firearm in a school zone.
Monk, L. (n.d.). Enumerated Powers. Retrieved July 7, 2015, from http://www.pbs.org/tpt/constitution-usa-peter-sagal/federalism/enumerated-powers/
Streetlaw.org. (n.d.). Justifying the Implied Powers of the Federal Government. Retrieved July 7, 2015, from http://www.streetlaw.org/en/Page/375/Justifying_the_Implied_Powers_of_the_Federal_Government
Streetlaw.org. (n.d.). Justifying the Implied Powers of the Federal Government. Retrieved July 7, 2015, from http://www.streetlaw.org/en/Page/375/Justifying_the_Implied_Powers_of_the_Federal_Government