Implied powers, in the
United States, are those powers authorized by a document (from the Constitution) that, while not stated, seem to be implied by powers expressly stated. When
George Washington asked
Alexander Hamilton to defend the constitutionality of the
First Bank of the United States against the protests of
Thomas Jefferson,
James Madison, and Attorney General
Edmund Randolph, Hamilton produced what has now become the classic statement for implied powers. Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means which it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the "
general welfare clause" and the "
necessary and proper clause" gave elasticity to the constitution. Hamilton won the argument with Washington, who signed his Bank Bill into law. —