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Implied Powers
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Transcript
Implied Powers
The Necessary & Proper Clauses
Several factors working together with the liberal construction of the constitution
- They have been responsible for that marked growth in national powers. They have included wars , economic crises & other national emergencies. Spectacular advances , especially in transportation & communication .
Strict Versus Liberal Construction
Necessary & Proper Clauses
- Constitutional clauses that gives Congress the power to make all laws necessary & proper for executing its powers
- Strict construction led by Thomas Jefferson. Its expressed powers & only those implied powers absolutely necessary to carry out those expressed powers
- Liberal constructionists led by Alexander Hamilton,had led the fight to adopt the constitution
Liberal Construction Prevails
- Consensus or general agreement, has prevailed even though our political history has been marked,& still is , by controversies over the proper limits of national powers
The expressed power to borrow money
- Implies the power to establish the Federal Reserve System of banks
The Commerce Clauses
The expressed power to create naturalization law
- Implies the power to regulate & limit immigration
Limits on the Commerce Power
- Gives Congress the power to regulate both foreign & interstate trade. Commerce has been defined so broadly that it encompasses virtually every form of economic activity activity today
The Implied Powers of Congress
The expressed power to establish post offices
The expressed power to regulate commerce
- Prohibit mail fraud & obstruction of the mails
- Bar the shipping of certain items through the mail
- Establish a minimum wage
- Ban discrimination in workplaces & public facilities
- Pass laws protecting the disabled
- Regulate banking
- The Constitution places four explicit limitations on the exercise of the commerce power& the supreme court does at least on occasion
The Doctrine in Practice
The war power
The expressed power to lay & collect taxes
- The several war powers reflect the fact that the National Government is responsible for the protection of this country against aggression & when necessary for the waging of war.
- Punish tax evaders
- Regulate some commodities & outlaw the use of others
- Require States to meet certain conditions to qualify for federal funding
By:
Cristina Vargas
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