The setting is a typical high school U.S. History or Government class with one teacher and about 25-30 students. The bell rings. The teacher enters the room after all students have arrived and shuts the door. The teacher sits down at the desk and takes roll. There is quiet talk from the students until the teacher rises and looks around the classroom.

TEACHER: Good morning. Would anyone like to get a drink of water? [At first there is no response, only confused looks. Finally, Larry raises his hand.]

TEACHER: Yes, Larry?

LARRY: Do you mean, get a drink right now?

TEACHER: Sure, right now. Would you like a drink?

LARRY: Why not?

TEACHER: Fine, then go get your drink of water. [Larry gets up from his desk and heads for the door. Larry begins to open the door.]

TEACHER: Larry! What are you doing?

LARRY: I’m going to get a drink of water. You said I could.

TEACHER: I know that, but what are you doing right now?

LARRY: I’m opening the door.

TEACHER:  Did I say you could open the door?

LARRY: No, but...

TEACHER: But what?

LARRY: Well, how am I going to get a drink without opening the door?

TEACHER: So, you think it’s okay to open the door if it’s okay to get a drink?

LARRY: Sure, I guess so.

TEACHER: Even though I didn’t specifically say you could?

LARRY: Yes, but you did say I could get a drink!

TEACHER: Go on, then – get your drink. [Larry leaves the room and returns after about 20 seconds. Heads for his desk.]

TEACHER: Larry! What did you do?

LARRY: I got a drink of water!

TEACHER: Where?

LARRY: Just right outside.

TEACHER: Why didn’t you go to the other end of the building to get your drink?

LARRY: Because you would have gotten mad at me.

TEACHER: Did I say you could get a drink?

LARRY: Yes.

TEACHER: Did I say you had to go to the nearest water fountain?

LARRY: No.

TEACHER: Sit down, Larry. [Shifts focus to address the rest of the class.] I told Larry that he could get a drink of water and he proceeded to open the door even though I didn’t tell him he could. But he didn’t go to a far-away fountain even though I did not say that he couldn’t. Why did Larry think it was okay to open the door, but not okay to go to the other end of the building to get a drink? What’s the difference?

SUE: He assumed that it was okay to open the door, but not okay to go down the hall.

TEACHER: “Assumed” – What do you mean?

SUE: Well, you know, it only makes sense to open the door to get a drink, but it doesn’t make sense to go to the other end.

TEACHER: Why not?

SUE: He has to open the door to get a drink, but he doesn’t have to go to the other end.

TEACHER: I see. It was necessary to open the door, but not necessary to go the other end.

SUE: Yes, that’s right.

TEACHER: What if the nearest water fountain isn’t working? In fact, what if the only fountain that is working is at the other end of the building? Therefore, in order to get a drink, it would be necessary to go to the other end. Right?

PHIL: Yes.

TEACHER: Under those circumstances, would it have been okay for Larry to go to the other end to get a drink, which might take 10 to 15 minutes, without asking first? [The class begins to debate the issue among themselves.]

TEACHER: Mary?

MARY: I don’t think so. You wouldn’t like that.

TEACHER: So, even though it would be necessary, Larry shouldn’t just assume he can do it.

BILL: I disagree. You told him he could get a drink. He had to open the door.

TEACHER: It was necessary?

BILL: Yes, and it was also necessary to go to the other end. That’s why it would be okay to do.

TEACHER: What do you think about that, Mary?

MARY: Well, you have to be reasonable. I still don’t think you meant that he could go anywhere to get a drink of water.

TEACHER: Bill, let’s take an extreme situation. Suppose no fountains worked. The water in the building was shut off. Would it have been okay for Larry to leave the building to get a drink?

BILL: No, of course not.

TEACHER: Unreasonable?

BILL: Yes.

TEACHER: So, what are we saying? If I tell Larry he can get a drink of water, then what can he assume that he can do?

BILL: Whatever is necessary, as long as it is reasonable.

TEACHER: Do you agree, Mary?

MARY: Yes, but I guess I disagree with Bill as to what is “reasonable.”

TEACHER: I think that’s right. [Turns from Mary to the class as a whole.] Now, what does this have to do with government? Yesterday we talked about the functions of the Constitution. One of those functions was to delegate powers to the government. Can anyone recall some of the powers that the U.S. Constitution specifically gives to the national government? [Several students mention a few of the enumerated powers.]

TEACHER: That’s good. Turn to Section 8 of Article I. Here you will find a listing of these powers which are called “expressed” or “enumerated” powers because they are specifically mentioned in the Constitution. [The teacher reads the list, reviewing the meaning of the key terms.]

TEACHER: Now I would like for you to think again about Larry and his problem in getting a drink of water. Suppose that I’m the Constitution. What is Larry?

PHIL:  Larry is the government.

TEACHER: Which government?

PHIL: The national government.

TEACHER: Why?

PHIL: Because the Constitution gives power to the national government, like you said. And you gave power to Larry when you said he could get a drink of water.

TEACHERS: So, Larry’s power to get a drink is an example of what kind of power?

JIM: It’s an enumerated power because that’s what you specifically said he could do.

TEACHER: Then if that’s true, what kind of power was it to “open the door?”

JIM: It’s an “assumed power.” Larry assumed he could open the door.

TEACHER: Even though I, the Constitution, didn’t specifically say that Larry, the government, could. Is that right?

MARY: Yes, because we agreed that it was a necessary and responsible thing to do.

TEACHER: So, I implied that he could do more than I specifically said he could do?

BILL: Yes.

TEACHER: Does the Constitution imply that the national government can do more than is enumerated? Is there anything in the Constitution to suggest that the government may assume certain powers not specifically granted to it? [No response.]

TEACHER: Okay, look at the last paragraph of Section 8. Jim read it please.

JIM: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers...”

TEACHER: That’s enough. Thanks, Jim. Now, what do you think is the purpose of this section?