Question

The implied powers clause of the U.S. Constitution was used to justify the

• A. suppression of the Whiskey Rebellion in 1794.
• B. addition of the Bill of Rights to the Constitution in 1791.
• C. signing of Jay's Treaty with England in 1794.
• D. passage of the Judiciary Act of 1789.
• E. establishment of the Bank of the United States in 1791.

Answer 1

The correct option is E establishment of the Bank of the United States in 1791.

The implied powers are embodied in the elastic clause in the Constitution in Article I Section 8. It provides that Congress can make laws that are "necessary and proper" to carry out its delegated powers. This clause was used by Hamilton to justify the establishment of the Bank of the United States and then by Thomas Jefferson when he purchased the Louisiana Territory. The Whiskey Rebellion (A) was suppressed when Washington used his powers as commander in chief to quell an uprising of Pennsylvania farmers. The Bill of Rights (B), the first ten amendments, was adopted according the ratification procedures specified in the Constitution. Jay's Treaty (C) was ratified by the Senate as outlined in the Constitution. The Constitution empowers Congress to establish a system of courts (D). The elastic clause, therefore, was not required to justify the passage of the Judiciary Act of 1789.