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US Constitution

Where do implied powers come from?


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December 27, 2016 1:16AM

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.