On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution permit Congress "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".[1]
By Devin Gotchall
The Elastic Clause :O
The Elastic Clause. A.K.A. The "necessary and proper" clause - Not all powers are listed in the Constitution. This clause allows Congress to make laws they need in order to carry out the listed powers. This clause allows Congress to "stretch" its powers.
Unlisted powers of congress
Enumerated powers
Congress has no authority to exercise any power beyond the constitution. The 10th Amendment states, "The powers not delegated to the United States (congress) by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Article 1 Section 8 specifically names the powers that have been granted to Congress. If it's not on the list, it's not constitutional.
Allows congress to officaly declair war.
Implied powers allow Congress to execute anything they see as necessary and proper, and it doesn't need to fall under the expressed powers of the Constitution.
concurrent powers
Congress made it into a military court that handled legal issues.
Reserved powers
The elastic clause in the constitution allows congress to make all laws that are "necessary and proper" for carrying out the listed powers.
The Elastic Clause.One of the Unlisted Powers.