State vs. Federal Powers

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Concurrent powers are shared between the federal government and state governments.

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The Elastic Clause gives Congress the authority to "make all laws which shall be necessary and proper." (Article I, Section 8 )

The Elastic Clause (Necessary and Proper)

Chief Justice John Marshall referred to the Elastic Clause in 1819 McCulloch v. Maryland: that it "purport[s] to enlarge, not to diminish the powers vested in the government. It purports to be an additional power, not a restriction on those already granted."

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The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress.

The Enumerated Powers

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Implied powers are powers that are not stated in the Constitution, but are implied by the government's need to carry out its functions.

Alexander Hamilton is noted for first arguing that the Constitution gives Congress implied powers to protect the “general welfare” of the nation.

Implied Powers

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Inherent powers are defined as those powers necessary for a government to rule.

Reserved powers, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Inherent and Reserved Powers