Doctrine of implied powers

(noun)

The "Necessary and Proper" Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause) is the provision in Article One of the United States Constitution, 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.

Related Terms

Examples of Doctrine of implied powers in the following topics:

  • Hamilton's Achievements

    • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of political theorists.
    • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of American leaders and political theorists.
    • Though the Constitution was ambiguous as to the exact balance of power between national and state governments, Hamilton consistently argued in favor of greater federal power at the expense of the states, especially in his efforts to strengthen the national economy.
    • Hamilton justified the Bank and the broad scope of congressional power necessary to establish it by citing Congress' constitutional powers to issue currency, regulate interstate commerce, and enact any other legislation "necessary and proper" to enact the provisions of the Constitution.This broad view of congressional power was enshrined into legal precedent in the Supreme Court case McCulloch v.
    • This ruling has since been termed the "doctrine of implied powers," in regards to the specified powers of the federal government in the Constitution.

  • Hamilton's Legacy

    • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of political theorists.
    • This broad view of congressional power was enshrined into legal precedent in the Supreme Court case McCulloch v.
    • This ruling has since been termed the "doctrine of implied powers."
    • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of American leaders and political theorists.
    • Though the Constitution was ambiguous as to the exact balance of power between national and state governments, Hamilton consistently argued in favor of greater federal power at the expense of the states, especially in his efforts to strengthen the national economy.

  • The First National Bank

    • Jefferson and Madison, leading the opposition, argued that taking the centralization of power away from local banks was dangerous to a sound monetary system and was unfairly designed to benefit northern business interests at the expense of southern agricultural development.
    • Hamilton, then Secretary of the Treasury, argued that the Bank was an effective means to utilize the authorized powers of the government implied under the law of the Constitution.
    • Secretary of State Thomas Jefferson argued that the Bank violated traditional property laws and that its relevance to constitutionally authorized powers was weak.
    • James Madison also argued that Congress had not received the power to incorporate a bank, or any other governmental agency.
    • Madison, this interpretation was described as the "doctrine of implied powers" left ambiguous in the Constitution, rather than the defined powers that were explicitly defined.

  • The Truman Doctrine and the Marshall Plan

    • The Truman Doctrine was the start of the policy of containment; it was followed by economic restoration of Europe through the Marshall Plan.
    • More generally, the Truman doctrine implied American support for other nations threatened by Soviet communism.
    • The Truman Doctrine became the foundation of American foreign policy, and led, in 1949, to the formation of NATO, a military alliance that is still in effect.
    • The Truman Doctrine was informally extended to become the basis of American Cold War policy throughout Europe and around the world.
    • Assess the role of the Truman Doctrine and Marshall Plan in the escalating Cold War

  • The Monroe Doctrine

    • The Monroe Doctrine was inspired in large part by American government fears that European powers victorious in the Napoleonic Wars (1803–1815) would revive monarchical forms of government.
    • On the surface, the objective of the Doctrine was to free the newly independent colonies of Latin America from European intervention, ensuring that the colonies in the Americas would not become a battleground for European powers.
    • In reality, the Doctrine reflected a battle for economic and political power in the region in which the United States wanted the upper hand.
    • The second key passage, a fuller statement of the doctrine, is addressed to the "allied powers" of Europe (that is, the Holy Alliance).
    • With the existing colonies or dependencies of any European power we have not interfered and shall not interfere.

  • The Open Door Policy

    • However, by July 1900, Hay announced that each of the powers had granted consent in principle.
    • The Monroe Doctrine was a U.S. foreign policy regarding domination of the Americas in 1823.
    • President James Monroe first stated the doctrine during his seventh annual State of the Union Address to Congress.
    • The intent and impact of the Monroe Doctrine persisted with only minor variations for more than a century.
    • Inherent in the Monroe Doctrine are the themes of American Exceptionalism and Manifest Destiny, two ideas that refer to the right of United States to exert its influence over the rest of the world.

  • Limited Government

    • In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by constitutional law.
    • In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by law, usually in a written constitution.
    • In the United States, as discussed in the Federalist Papers , the idea of limited government originally implied the notion of a separation of powers and the system of checks and balances promoted by the U.S.
    • The Constitution limits the power of the government in several ways.
    • "Limited government" stands in contrast to the doctrine of the Divine Right of Kings, which states that the king, and by extension his entire government, held unlimited sovereignty over its subjects.

  • The Power of Judicial Review

    • Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
    • Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
    • Judicial review is an example of the separation of powers in a modern governmental system.
    • It is based on the idea that no branch of government should be more powerful than any other and that each branch of government should have a check on the powers of the other branches of government, thus creating a balance of power among all branches of government.
    • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.

  • The Legislative Function

    • Article I of the Constitution states all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.
    • Congress has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress 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. " Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section 8.
    • One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch.
    • Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers.
    • There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.

  • Nixon and Foreign Policy

    • The Nixon Doctrine (also known as the Guam Doctrine) was first issued by Nixon in a press conference in Guam on July 25, 1969.
    • Second, they would provide a shield if a nuclear power threatened the freedom of an allied nation or a nation "whose survival we consider vital to our security."
    • According to author Michael Klare, application of the Nixon Doctrine "opened the floodgates" of U.S. military aid to allies in the Persian Gulf, setting the stage for the Carter Doctrine in 1980.
    • In March of 1973, Nixon implied that the United States would intervene militarily if the communist side violated the ceasefire; however on June 4, 1973, the U.S.
    • This had a dramatic effect on oil-exporting nations, as the countries of the Middle East, which had long been dominated by the major industrial powers of the world, were seen to have acquired control of a vital commodity.