What is the constitutional basis for implied powers?
So-called implied powers come from the “necessary and proper” clause of the Constitution. Article 1, Section 8 of the Constitution vests certain legislative powers within the federal government. Clause 18 of that section then authorizes 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.” An example is when the Congress created the Bank of the United States. The Constitution does not give Congress the power to create a bank, but it does give Congress the power to coin money, to impose and collect taxes, to borrow money, to pay for an army, etc. A national bank would aid in doing these things, so Congress has the implied power to create a bank, even though that power is not specifically in the Constitution.
