<P> Finally, Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers and, crucially, all others vested in it . This has been interpreted to authorize criminal prosecution of those whose actions have a "substantial effect" on interstate commerce in Wickard v. Filburn; however, Thomas Jefferson, in the Kentucky Resolutions, supported by James Madison, maintained that a penal power could not be inferred from a power to regulate, and that the only penal powers were for treason, counterfeiting, piracy and felony on the high seas, and offenses against the law of nations . </P> <P> The necessary and proper clause has been interpreted extremely broadly, thereby giving Congress wide latitude in legislation . The first landmark case involving the clause was McCulloch v. Maryland (1819), which involved the establishment of a national bank . Alexander Hamilton, in advocating the creation of the bank, argued that there was "a more or less direct" relationship between the bank and "the powers of collecting taxes, borrowing money, regulating trade between the states, and raising and maintaining fleets and navies". Thomas Jefferson countered that Congress's powers "can all be carried into execution without a national bank . A bank therefore is not necessary, and consequently not authorized by this phrase". Chief Justice John Marshall agreed with the former interpretation . Marshall wrote that a Constitution listing all of Congress's powers "would partake of a prolixity of a legal code and could scarcely be embraced by the human mind". Since the Constitution could not possibly enumerate the "minor ingredients" of the powers of Congress, Marshall "deduced" that Congress had the authority to establish a bank from the "great outlines" of the general welfare, commerce and other clauses . Under this doctrine of the necessary and proper clause, Congress has sweepingly broad powers (known as implied powers) not explicitly enumerated in the Constitution . However, the Congress cannot enact laws solely on the implied powers, any action must be necessary and proper in the execution of the enumerated powers . </P> <P> The ninth section of Article One places limits on Congress' powers: </P> <P> The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person . </P>

Can the constitution be amended without involving the house of representative and the senate