Scope of Incidental Powers
That this clause is an enlargement, not a constriction, of the powers expressly granted to Congress, that it enables the lawmakers to select any means reasonably adapted to effectuate those[p.340]powers, was established by MarshallÂ’s classic opinion in
McCulloch v. Maryland.1642 “Let the end be legitimate,” he wrote, “let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.”1643 Moreover, the provision gives Congress a share in the responsibilities lodged in other departments, by virtue of its right to enact legislation necessary to carry into execution all powers vested in the National Government. Conversely, where necessary for the efficient execution of its own powers, Congress may delegate some measure of legislative power to other departments.1644
Operation of Coefficient Clause
Practically every power of the National Government has been expanded in some degree by the coefficient clause. Under its authority Congress has adopted measures requisite to discharge the treaty obligations of the nation;1645 it has organized the federal judicial system and has enacted a large body of law defining and punishing crimes. Effective control of the national economy has been made possible by the authority to regulate the internal commerce of a State to the extent necessary to protect and promote interstate commerce.1646 The right of Congress to utilize all known and appropriate means for collecting the revenue, including the distraint of property for federal taxes,1647 and its power to acquire property needed for the operation of the Government by the exercise of the power of eminent domain,1648 have greatly extended the range of national power. But the widest application of the necessary and proper clause has occurred in the field of monetary and fiscal controls. Inasmuch as the various specific powers granted by Article I, Sec. 8, do not add up to a general legislative power over such matters, the Court has relied heavily upon this clause in sustaining[p.341]the comprehensive control which Congress has asserted over this subject.1649
CRS/LII Annotated Constitution Article I