What clause is the source of implied powers?
Asked by: Mr. Jayce Bechtelar | Last update: February 19, 2026Score: 4.6/5 (59 votes)
The source of implied powers for Congress is the Necessary and Proper Clause, located in Article I, Section 8, Clause 18 of the U.S. Constitution, often called the "Elastic Clause," granting Congress authority to make laws "necessary and proper" for executing its enumerated powers, as established by cases like McCulloch v. Maryland.
What is Article 1 Section 8 Clause 18?
Article I, Section 8, Clause 18: [The Congress shall have 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.
What is Article 1 Section 3 Clause 4?
Clause 4 President
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
What does article 6 clause 2 of the Constitution mean?
Article VI, Section 2 of the U.S. Constitution, known as the Supremacy Clause, establishes that the Constitution, federal laws, and treaties are the "supreme Law of the Land," meaning they take precedence over conflicting state laws, requiring state judges and officials to uphold federal law even if it contradicts state constitutions or laws, thereby creating a hierarchy where federal authority is supreme in cases of conflict.
What is Article 1 Section 8 Clause 2?
Article I, Section 8, Clause 2: [The Congress shall have Power . . . ] To borrow Money on the credit of the United States; . . . Knox v. Lee (Legal Tender Cases), 79 U.S. (12 Wall.)
How Does Article I Section 8 Define Implied Powers?
What clause is article 1 section 8 clause 3?
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”
What is the Article 1 Section 2 Clause 3?
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, ...
What is Section 6 Article 2 of the 1987 Constitution?
Background. The 1987 Constitution of the Philippines declares: The separation of Church and State shall be inviolable. (Article II, Section 6), and, No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
Why is article 6 called the Supremacy Clause?
Under the Articles, state laws superseded federal law. However, the supremacy clause declares the opposite: that the Constitution is the law of the land, and federal laws take priority over state laws.
What does article IV section 2 say?
Article IV, Section 2 of the U.S. Constitution ensures fairness between states, requiring that citizens of one state receive the same Privileges and Immunities (rights, protections) as citizens in other states, mandates Extradition (returning fugitives charged with crimes), and historically addressed the return of escaped enslaved people (the Fugitive Slave Clause). Essentially, it promotes unity by preventing states from discriminating against citizens from other states and ensures criminals are returned for justice.
What is the Article 1 Section 9 Clause 7?
Article I, Section 9, Clause 7 of the United States Constitution states: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
What is the Article 1 Section 8 Clause 17?
Article 1, Section 8, Clause 17: Federal Farmer, no. 18. The constitution provides, that congress shall have the sole and exclusive government of what is called the federal city, a place not exceeding ten miles square, and of all places ceded for forts, dock-yards.
What is the Article 4 clause?
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What is Article 1 Section 9 Clause 8 of the Constitution?
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Which clause is the source of implied powers under the U.S. Constitution?
Implied powers come from the Constitution's “Elastic Clause,” which grants Congress power to pass any laws considered “necessary and proper” for effectively exercising its “enumerated” powers. Laws enacted under the implied powers doctrine and justified by the Elastic Clause are often controversial and hotly debated.
What is the Article 1 Section 4 Clause 1 of the Constitution?
Clause 1 Elections Clause
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
What is the Article VI CL 2 of the Constitution?
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...
What does article 7 of the Constitution mean in simple terms?
The text of Article VII declares that the Constitution shall become the official law of the ratifying states when nine states ratified the document. When New Hampshire became the ninth state to ratify on June 21, 1788, the Constitution became good law.
How does the Supremacy Clause play a role in ensuring the civil liberties and civil rights of the American people?
Ultimately, the supremacy clause assures us of finality in areas where federal law conflicts with state or local law. The supremacy clause also provides boundaries for state courts. State courts cannot rely on a state law that conflicts with a federal law or statute.
What is Section 27 1 Article VI of the 1987 Constitution?
[90] Section 27,1, Article VI of the 1987 Constitution, viz: Section 27. 1. Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
What is Section 1 Article 6 of the Constitution?
Finally, and most importantly, Article I, Section 6 provides that “no person holding any office under the United States, shall be a member of either House during his continuance in office.” This provision is of profound structural importance since it prevents the appointment of powerful Senators or Congressmen to the ...
What is Section 18 Article VII of the 1987 Constitution?
SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
What is the Article 1 Section 3 Clause 3 of the Constitution?
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
What is the Article 1 Section 7 Clause 2?
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the ...
What is the Article 1 Section 10 Clause 1?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...