Practice question from Constitutional Law Fundamentals
Which of the following federal powers is NOT expressly enumerated in Article I, Section 8? A. Power to regulate interstate commerce B. Power to establish post offices C. Power to create a national bank D. Power to coin money E. Power to declare war
Answer
C
Explanation
The power to create a national bank is not expressly enumerated in the Constitution. However, in McCulloch v. Maryland (1819), the Supreme Court held that Congress could create a bank under the Necessary and Proper Clause as a means of executing its enumerated powers (taxing, spending, borrowing, regulating commerce). The other powers listed are expressly enumerated.