Which of These Powers Is Considered an Implied Power?
Creating a national bank is an implied power—not written in the Constitution but justified under the Necessary and Proper Clause (Article I, Section 8). Enumerated powers like coining money or declaring war are the wrong choices because they are explicitly listed.
The answer
An implied power is one that is not explicitly written in the Constitution but is considered necessary to carry out the powers that are listed. The classic textbook example is creating a national bank. Other common implied-power answers include drafting soldiers (the military draft), establishing an air force, setting a federal minimum wage, and regulating nuclear power—none of which appear by name in the Constitution.
Implied powers come from the Necessary and Proper Clause (also called the Elastic Clause) in Article I, Section 8, Clause 18, which lets Congress "make all Laws which shall be necessary and proper for carrying into Execution" its enumerated powers. So creating a bank is justified because it helps Congress execute its enumerated powers to tax, borrow, and regulate commerce.
Why the other choices are wrong
Most of the distractors on this type of question are enumerated (expressed) powers—powers written out word-for-word in the Constitution. If a choice is spelled out in the text, it cannot be the implied-power answer. Watch for these:
- Coining money — enumerated (Article I, Section 8).
- Declaring war — enumerated (Article I, Section 8).
- Regulating interstate commerce — enumerated (Article I, Section 8).
- Levying and collecting taxes — enumerated (Article I, Section 8).
- Establishing post offices — enumerated (Article I, Section 8).
Each of these is an express grant, so each is the opposite of implied. A separate trap is reserved powers (like issuing driver's licenses or running schools), which belong to the states under the Tenth Amendment—also not implied federal powers.
The quick test-taking rule
Use this two-step check on any answer choice:
- Is it written in the Constitution's list of congressional powers? If yes → enumerated, not implied.
- Is it something Congress does to carry out an enumerated power, but the action itself isn't listed? If yes → implied.
Creating a bank passes step 2 (it supports taxing, borrowing, and commerce) and fails step 1 (it's not in the text), which is exactly why it is the implied power.
The bigger picture
The Supreme Court settled this in McCulloch v. Maryland (1819). Maryland argued Congress had no authority to charter the Second Bank of the United States because banking isn't an enumerated power. Chief Justice John Marshall disagreed, ruling that the Necessary and Proper Clause gives Congress implied powers to choose reasonable means for executing its listed powers—famously writing, "Let the end be legitimate... and all means which are appropriate" are constitutional. That case is why the national bank is the textbook illustration of an implied power, and why the Elastic Clause is central to how the federal government has grown far beyond the short list in Article I.
| Create a national bank | Implied | Necessary and Proper Clause (Art. I, Sec. 8, Cl. 18) |
| Draft soldiers / establish an air force | Implied | Necessary and Proper Clause |
| Coin money | Enumerated | Article I, Section 8 (expressed) |
| Declare war | Enumerated | Article I, Section 8 (expressed) |
| Regulate interstate commerce | Enumerated | Article I, Section 8 (expressed) |
Frequently asked
What is the difference between enumerated and implied powers?
Enumerated (expressed) powers are written explicitly in the Constitution, such as coining money or declaring war. Implied powers are not written but are considered necessary to carry out the enumerated powers, justified by the Necessary and Proper Clause.
What clause gives Congress implied powers?
The Necessary and Proper Clause—Article I, Section 8, Clause 18—also called the Elastic Clause. It lets Congress make all laws "necessary and proper" for executing its enumerated powers, which is the constitutional basis for implied powers.
Is creating a national bank an implied power?
Yes. Chartering a national bank is not listed in the Constitution, but the Supreme Court upheld it in McCulloch v. Maryland (1819) as an implied power supporting Congress's enumerated powers to tax, borrow, and regulate commerce. It is the classic example.
What Supreme Court case established implied powers?
McCulloch v. Maryland (1819). Chief Justice John Marshall ruled that the Necessary and Proper Clause gives Congress implied powers to choose reasonable means to execute its enumerated powers, upholding the national bank and cementing the doctrine of implied powers.