GED Social Studies TestCivics and GovernmentMedium
A newly appointed federal judge is reviewing the powers granted to Congress under Article I, Section 8 of the U.S. Constitution. They note the power '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.' This clause is most famously known for establishing which type of congressional power?
- AExpressed Powers
- BConcurrent Powers
- CImplied Powers
- DReserved Powers
Show answer & explanationAnswer & explanation
Correct answer: C. Implied Powers
The 'Necessary and Proper Clause,' also known as the Elastic Clause, allows Congress to make laws that are not explicitly listed in the Constitution but are considered necessary to carry out its expressed powers. This forms the basis for implied powers.
Why the other options are wrong
- A. Expressed powers are explicitly written in the Constitution, unlike those derived from the 'Necessary and Proper Clause.'
- B. Concurrent powers are shared by both federal and state governments, such as the power to tax.
- D. Reserved powers are those held by the states, not the federal government, under the 10th Amendment.
Necessary and Proper Clause (Elastic Clause)
Article I, Section 8, Clause 18 of the U.S. Constitution, which grants Congress the power to pass all laws 'necessary and proper' for carrying into execution its enumerated powers. It is the constitutional basis for implied powers.
- Also known as the Elastic Clause.
- Expands Congress's legislative authority.
- Source of implied powers.
Memory trick: Congress's powers are Expressed (written), Implied (stretched), and sometimes Shared (concurrent).