the letter an d sp iri t of the Constitution, are constitutional. " This broad illterpretation of the constitution-al powers granted to Congress has become firm-ly fixed in America's constitutional system. Indeed, it is impossible to see how the United States could have developed as it has under the Constitution without it. The Doctrine in Practice There are an almost uncountable number of examples of the application of the doctrine of implied powers. Both the way Congress has looked at and used Its powers and the supporting decisions of the Supreme Court have made Article I, Section 8, Clause 18 truly the Elastic Clause. Today the Nords "necessary and proper" really read "con-lenient and useful.» This is most especially true ,,,hen applied to the power to regulate interstate :ommerce and the power to tax. Yet, there is a real limit to how far the doc-rine of implied powers can be pushed. Neither :;ongress nor any other element of the Federal ::;overnment has the blanket authority to do my thing that may seem desirable or that may seem to be for the "general welfare" or in the "public interest.» As the chart above shows, the basis for any implied power must always be found among the expressed powers. The implied powers are those that may be reasonably drawn from the expressed powers. Section 3 Review 1. Defme: Necessary and Proper Clause 2. For what reason is the Necessary and Proper Clause of the Constitution also called the Elastic Clause? 3. What is the doctrine of implied powers? 4. What is the significance of McCulloch v. Maryland? 5. What is the fundamental limitation on the doctrine of implied powers? Critical Thinking 6. Preclicting Consequences (p. 19) What might have happened had Jefferson and his supporters won the early debate over implied powers? * I
276 Chapter 11 The Senate chose Richard M. Johnson as Vice President in 1837. Remember, too, that the 25th Amendment provides for the filling of a vacancy in the vice presidency. When one occurs, the President nomi-nates a successor, subject to a majority vote in both houses of Congress. That process has been used twice: Gerald Ford was confirmed as Vice Presi-1 dent in 1973 and Nelson Rockefeller in 1974. *Impeach~~ The Constimtion provides that the President, Vice President, and all civil officers of the United States may "be removed from office on impeach-ment for, and conviction of, treason, bribery, or other high Cli~es and misdemeanors. ,,26 The House has the sole power to impeach-bring charges-and the Senate the sole power to judge-sit as a court-in impeachment cases27 The House may impeach by a majority vote. A two-thirds vote of the senators present is needed for conviction. The chief jnstice must preside over the Senate when a President is tried. The penalty for conviction is removal from office. The Senate may add a prohibition against the person ever holding federal office again. In addition, a person who has been impeached and convicted can also be indicted, tried, convicted, and punished in the regular courts28 To date, the House of Representatives has impeached only 16 persons. Of that number, the Senate has convicted seven29 Perhaps the most noteworthy impeachment occurred in 1868,1when the House impeached President / Y' 26Article II, Section 4.