Implied powers: Difference between revisions
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'''Implied powers''', in relation to the [[U.S. Constitution]], are powers not specifically given to the [[Federal Government]] of the [[United States]]. Implied powers are derived from an [[Enumerated powers|enumerated power]] and the [[Necessary-and-proper clause]]. The States and Anti-Federalists referred to it as the "Elastic Clause" because they felt it allowed the Federal Government to "stretch" its power to encompass almost any situation. These powers are not stated specifically but are considered to be "reasonably" implied through the exercise of delegated powers. These powers give Congress flexibility when it comes to carrying out their powers. |
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The '''doctrine of implied powers''' is a principle of [[statutory interpretation]] which states that a [[legislative body]] implicitly has competence in matters ancillary to its explicit stated authority. |
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The ''implied powers'' of the Federal government was a concept formally discussed after [[Thomas Jefferson]] decided to go ahead with the [[Louisiana Purchase]] in 1803, although the Constitution did not explicitly give him the power to do so. Later, the implied powers played an important role in the court decision of [[McCulloch v. Maryland]], with the [[Second Bank of the United States]] using the idea to argue the constitutionality of [[Congress]]'s creating it in 1816. |
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In [[United States]] federal [[law]], the docrine is based on a general authority provided in the [[US Constitution]]: ''Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense, and general welfare of the United States.'' |
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The Constitution, chiefly in the first three articles, delegates legislative, executive, and judicial powers to the national government. In addition to these express powers, such as the power to appropriate funds, Congress has assumed constitutionally implied powers, such as the power to create banks, which are inferred from express powers. The constitutional basis for the implied powers of Congress is the necessary and proper clause( Article,1 Section 8 Clause 18).This Clause gives Congress the right "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested...in the Government of the United States." It is this clause that has been called the Implied Powers Doctriine. |
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Revision as of 22:00, 16 April 2006
Implied powers, in relation to the U.S. Constitution, are powers not specifically given to the Federal Government of the United States. Implied powers are derived from an enumerated power and the Necessary-and-proper clause. The States and Anti-Federalists referred to it as the "Elastic Clause" because they felt it allowed the Federal Government to "stretch" its power to encompass almost any situation. These powers are not stated specifically but are considered to be "reasonably" implied through the exercise of delegated powers. These powers give Congress flexibility when it comes to carrying out their powers.
The implied powers of the Federal government was a concept formally discussed after Thomas Jefferson decided to go ahead with the Louisiana Purchase in 1803, although the Constitution did not explicitly give him the power to do so. Later, the implied powers played an important role in the court decision of McCulloch v. Maryland, with the Second Bank of the United States using the idea to argue the constitutionality of Congress's creating it in 1816.
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