Clause 18: Implied Powers of Congress (Necessary and Proper) Regarding the Implied Powers of Congress, the Constitution specifically states all implied or additional powers permitted to the Congress are limited exclusively to the "Powers vested", to the Congress, "by this Constitution" (the Implied Powers Clause does not say, "the Powers vested in it"); meaning, whatever is not expressly written or obviously implied within the Constitution cannot be inferred as being part of, nor permitted by the Constitution. Id est, the Congress cannot create additional powers for itself with which to wield. Any powers deemed, "necessary and proper", are limited and restricted to carrying out the functions of government as prescribed within the Constitution and ensuring those functions continued operations. E.g., the Constitution states Congress shall manage the government purse through the creation of a Treasury, thus there must be a Department of the Treasury with a sub-division which accounts for every penny coming and going, pays government debts, &c.; whereas, nowhere in the Constitution can it be inferred that the People's Second Amendment Right to Bear Arms necessitates a Department of Alcohol, Tobacco, Fire Arms, and Explosives (ATFE). The Department of the Treasury, along with many of its sub-divisions, is entirely Constitutional; but the Secret Service was not created until July 5th, 1865 (four months after President Abraham Lincoln's assassination) to specifically combat counterfeiting which is a task delegated to the Department of the Treasury by the Congress. Congress constitutionally expanded the Secret Service's duties to include Presidential protection only after President William McKinley was assassinated in 1901. It is important to note, the Internal Revenue Service falls under the jurisdiction of the Federal Reserve and the Department of the Treasury is not part of the Federal Reserve, nor is the Federal Reserve part of the Department of the Treasury. Finally, Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers and, crucially, all others vested in it. This has been interpreted to authorize criminal prosecution of those whose actions have a "substantial effect" on interstate commerce in Wickard v. Filburn; however, Thomas Jefferson, in the Kentucky Resolutions, supported by James Madison, maintained that a penal power could not be inferred from a power to regulate, and that the only penal powers were for treason, counterfeiting, piracy and felony on the high seas, and offenses against the law of nations.
Clause 18 Implied Powers of Congress (Necessary and Proper) Regarding the Implied Powers of Congress the Constitution specifically states all implied or additional powers permitted to the Congress are limited exclusively to the "Powers vested" to the Congress "by this Constitution" (the Implied Powers Clause does not say "the Powers vested in it"); meaning whatever is not expressly written or obviously implied within the Constitution cannot be inferred as being part of nor permitted by the Constitution Id est the Congress cannot create additional powers for itself with which to wield Any powers deemed "necessary and proper" are limited and restricted to carrying out the functions of government as prescribed within the Constitution and ensuring those functions continued operations Eg the Constitution states Congress shall manage the government purse through the creation of a Treasury thus there must be a Department of the Treasury with a sub-division which accounts for every penny coming and going pays government debts &c; whereas nowhere in the Constitution can it be inferred that the People's Second Amendment Right to Bear Arms necessitates a Department of Alcohol Tobacco Fire Arms and Explosives (ATFE) The Department of the Treasury along with many of its sub-divisions is entirely Constitutional; but the Secret Service was not created until July 5th 1865 (four months after President Abraham Lincoln's assassination) to specifically combat counterfeiting which is a task delegated to the Department of the Treasury by the Congress Congress constitutionally expanded the Secret Service's duties to include Presidential protection only after President William McKinley was assassinated in 1901 It is important to note the Internal Revenue Service falls under the jurisdiction of the Federal Reserve and the Department of the Treasury is not part of the Federal Reserve nor is the Federal Reserve part of the Department of the Treasury Finally Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers and crucially all others vested in it This has been interpreted to authorize criminal prosecution of those whose actions have a "substantial effect" on interstate commerce in Wickard v Filburn; however Thomas Jefferson in the Kentucky Resolutions supported by James Madison maintained that a penal power could not be inferred from a power to regulate and that the only penal powers were for treason counterfeiting piracy and felony on the high seas and offenses against the law of nations