Answer
The foundation for implied powers lies in the “necessary and proper” clause: “Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This clause, often called the “Elastic Clause,” enables Congress to exercise implied powers that extend beyond those explicitly mentioned in the Constitution. After listing specific congressional powers such as borrowing and coining money, Section 8 of Article I concludes by empowering Congress “to make all Laws which shall be necessary and proper for executing the aforementioned Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof.” This language is quite broad and “elastic,” allowing Congress to act beyond strictly defined powers and granting it additional implied authorities. A notable instance of this in action was when Alexander Hamilton, the first Secretary of the Treasury, advocated for the creation of a national bank. He argued that any actions not explicitly prohibited by the Constitution were permissible. Although a national bank wasn’t directly mentioned as a power granted to Congress, the Constitution imposed no restrictions, and the “necessary and proper” clause afforded the flexibility to establish it through implied powers conferred to Congress.
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