![]() Maryland had questioned the legitimacy and power of the federal government's national bank, the Second Bank of the United States. In this case, the Supreme Court decided whether Congress had the authority to create a national bank. Maryland provides a good example of the elastic clause's application and how state and federal laws can conflict. The 1819 US Supreme Court case McCulloch v. We refer to this as the necessary and proper clause, but it has also been called the elastic clause because of its use to justify expanding the federal government's authority. They therefore added a clause to the end of Article I, Section 8, that authorizes Congress "to make all laws which shall be necessary and proper" for the execution of its enumerated powers. The framers understood that it would be impractical to list all of the powers of the federal government in the Constitution. They include important powers such as the authority to coin money, regulate foreign commerce, and declare war. The enumerated powers come primarily from Article I, Section 8, of the Constitution. The federal government's enumerated powers, also known as its expressed powers, are the powers explicitly assigned to Congress by the Constitution. They include the rights to acquire territory, recognize foreign nations, and suppress domestic rebellions. The inherent powers of the federal government are those that, by definition, a sovereign government must have. Each type of power relies on a slightly different source of authority. The federal government has three basic types of powers: inherent, enumerated, and implied. ![]()
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