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To the framers of the constitution there were two types of powers. Expressed power and implied. The expressed powers are ones that are stated like the power to declare war is given to congress, but to the framers it was clear that they didn't mean to have these powers be the final word so they built in a " fail safe" method to give leeway in what congress can do. They used a clause in Article 1 stating what was " necessary and proper." This means that congress can make laws to carry out the expressed powers. To a strict constructionist this is hazy and they are fearful that the government might take on too many powers and they claim that the constitution limits congress to powers only expressed in the constitution. A loose constructionist feel that congress not only has the power but the responsibility to adapt to changing times by making new laws. The existence of the clause in Article 1 indicates that the Framers knew the government would change and have to take on additional powers or obligations. The Supreme Court brought the concept of implied powers to life by hearing cases like aMcCulloch v Maryland in 1819.

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14y ago

Necessary and proper clause

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Q: What implies that congress has powers beyond those expressed in the first 17 clauses of article 1 section 8?
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A congressional power that is implied by the expressed power to regulate commerce is the power to what?

Congress has 27 expressed powers.One of these expressed powers is the power to regulate commerce. This implies that Congress has the right to determine weights and measures so that people know what they are buying and selling. It implies that Congress can ban some substances from being imported or exported. It implies that Congress can pass laws on materials moved on roads or in post office packages.


The expressed congressional power to borrow money implies that congress may-?

Establish the federal reserve system


What are implies power?

To the framers of the constitution there were two types of powers. Expressed power and implied. The expressed powers are ones that are stated like the power to declare war is given to congress, but to the framers it was clear that they didn't mean to have these powers be the final word so they built in a " fail safe" method to give leeway in what congress can do. They used a clause in Article 1 stating what was " necessary and proper." This means that congress can make laws to carry out the expressed powers. To a strict constructionist this is hazy and they are fearful that the government might take on too many powers and they claim that the constitution limits congress to powers only expressed in the constitution. A loose constructionist feel that congress not only has the power but the responsibility to adapt to changing times by making new laws. The existence of the clause in Article 1 indicates that the Framers knew the government would change and have to take on additional powers or obligations. The Supreme Court brought the concept of implied powers to life by hearing cases like aMcCulloch v Maryland in 1819.


What is a kind of article always used with plurals?

The definite article, "the" is always used with plurals, as the indefinite article, "a"/"an", implies singularity.


What does article 3 section 2 of the Philippine constitution mean?

Article 3 section 2 implies to a Filipinos Bill of Rights and his right to security


What is the doctrine of expressed powers?

The doctrine of expressed power implies that powers not specifically listed in the Constitution will not be given to the national government, but will be reserved for the states.


Which type of quantities can be expressed by arrows?

Vectors The arrow implies a direction as well as a magnitude.


Is it important for congress to make laws bases on powers that are implies but not given?

So Congress can carry out its duties as times change


What are Expressed congressional power to regulate commerce implies?

The power to tax and regulate alcohol is an implied power.


What does article 2 section 2 of the Philippine constitution mean?

Article 3 section 2 implies to a Filipinos Bill of Rights and his right to security


What is clause a in insurance?

Clause implies the terms and conditions of the particular policy by which the same is governed and both parties should abide by the said clauses for smooth transition of the policy.


The Congress and senators represent the whole country, just not their states. We should have the right to vote for all senators and members of Congress?

Of course, for everyone - this implies our system