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Mass Federal System Article I Section 8 Clauses 1 - 18 are considered by many the important clauses of the US Constitition with clause 18 being the most important IT is within these clauses where the definition of expressed and implied powers is spelled out Clauses 1 - 17 deal with the expressed powers and clause 18 deals with implied powers Expressed powers are powers which are spelled out in the constitution and implied powers are those powers which are just hinted at or suggested Clause 18 of the constitution is known as the elastic clause or the necessary and proper clause Due to the fact that the government has obtained more power from this clause than any other clause in the constitution Clause 18 or the elastic clause seems to be able to be stretched to fit anything the government wishes It is out of this clause the government derived the Doctrine of Implied Power This is where the government has expressed powers from clauses 1 - 17 and implied powers from clause 18 which are exercised over the expressed powers For example the words collect and commerce the government has had the power to interpret these words as they see fit Persons who believe in the letter of the law as it pertains to the constitution are called strict constructionists whereas persons who believe in the spirit of a law are called loose constructionists Thomas Jefferson believed in strict constructionism and Alexander Hamilton believed in loose constructionism This caused a conflict between Jefferson and Hamilton in relation to the need for the US to have a federal bank Jefferson said that the constitution did not give any provision for the US to have a bank because it was not spelled out in the constitution But Hamilton using the premise of implied powers said it did because it gave them the power to lay and collect taxes borrow money and regulate commerce
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