Which Of Congress's Powers Is Implied Quizlet

Congress's implied powers are those that are not explicitly listed in the U.S. Constitution but are understood to be necessary for Congress to carry out its enumerated powers. These powers, derived from the Necessary and Proper Clause (Article I, Section 8, Clause 18), allow Congress to adapt to changing needs and govern effectively. Understanding implied powers is crucial for comprehending the scope and flexibility of congressional authority in the American political system.

Introduction

The United States Constitution outlines specific powers granted to Congress, known as enumerated or expressed powers. However, the Constitution also recognizes that Congress needs more than just these explicitly listed powers to govern effectively. This is where the concept of implied powers comes into play. Implied powers are those powers that are not specifically mentioned in the Constitution but are inferred as necessary and appropriate for Congress to execute its enumerated powers. This article delves into the nature of Congress's implied powers, how they are derived, landmark Supreme Court cases that define their scope, and some examples to illustrate their application.

What are Expressed Powers?

Expressed powers, also known as enumerated powers, are those specifically listed in the Constitution. These powers define the authority of the federal government and are directly stated in the document. Article I, Section 8 of the Constitution details most of Congress's expressed powers, which include:

Levying and collecting taxes: Congress has the power to impose and collect taxes to fund government operations.
Borrowing money: Congress can borrow money on the credit of the United States.
Regulating commerce: Congress has the power to regulate commerce with foreign nations, among the states, and with Indian tribes.
Establishing post offices: Congress can establish post offices and post roads.
Declaring war: Congress has the power to declare war.
Raising and supporting armies: Congress can raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.
Providing and maintaining a navy: Congress can provide and maintain a navy.

The Necessary and Proper Clause

The foundation for implied powers lies in the Necessary and Proper Clause, also known as the Elastic Clause, found in Article I, Section 8, Clause 18 of the Constitution. This clause states that Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

This clause essentially allows Congress to enact laws that are essential for executing its enumerated powers. The interpretation of what is "necessary and proper" has been a subject of debate and legal challenges throughout American history.

Historical Context and Key Supreme Court Cases

The debate over implied powers began early in American history, with differing interpretations between the Federalists and Anti-Federalists. The Federalists, led by Alexander Hamilton, argued for a broad interpretation of the Necessary and Proper Clause, while the Anti-Federalists, including Thomas Jefferson, favored a stricter interpretation.

McCulloch v. Maryland (1819)

The landmark Supreme Court case McCulloch v. Maryland (1819) played a pivotal role in establishing the doctrine of implied powers. The case arose when the state of Maryland attempted to tax the Second Bank of the United States, which Congress had established. The central question was whether Congress had the power to create a national bank, even though it was not explicitly mentioned in the Constitution.

Chief Justice John Marshall, writing for a unanimous Court, upheld the constitutionality of the national bank. He argued that while the Constitution does not explicitly grant Congress the power to create a bank, the Necessary and Proper Clause allows Congress to enact laws that are "necessary and proper" for carrying out its enumerated powers, such as regulating commerce, coining money, and borrowing money.

Marshall's interpretation established a broad view of implied powers, asserting that Congress has the authority to choose any means that are "appropriate" and "plainly adapted" to achieving legitimate constitutional ends. This decision significantly expanded the scope of congressional power and laid the foundation for future interpretations of the Necessary and Proper Clause.

Other Relevant Cases

Gibbons v. Ogden (1824): This case affirmed Congress's broad authority to regulate interstate commerce under the Commerce Clause.
Wickard v. Filburn (1942): The Court held that Congress could regulate intrastate activity (in this case, a farmer growing wheat for personal consumption) if it could affect interstate commerce.
United States v. Comstock (2010): This case upheld a federal law allowing the civil commitment of sexually dangerous federal prisoners after their sentences had expired, based on the Necessary and Proper Clause.

Examples of Implied Powers

To better understand the concept of implied powers, let's look at some specific examples of how Congress has used these powers throughout history:

Establishing a National Bank

As discussed in McCulloch v. Maryland, the creation of a national bank is an implied power derived from Congress's enumerated powers to coin money, regulate commerce, and borrow money. The national bank facilitates these functions by providing a stable currency, regulating financial institutions, and managing government funds.

Creating the Internal Revenue Service (IRS)

The IRS is responsible for collecting taxes, which is an enumerated power of Congress. However, the establishment of an agency to carry out this function is an implied power. Without the IRS, Congress would not be able to effectively collect taxes and fund government operations.

Enacting Environmental Regulations

Congress has the power to regulate interstate commerce, and this power has been used to enact environmental regulations. For example, the Clean Air Act and the Clean Water Act are justified under the Commerce Clause, as pollution can affect commerce and public health across state lines.

Establishing a Military Draft

While the Constitution grants Congress the power to raise and support armies, it does not explicitly mention the power to institute a military draft. However, this power is implied as necessary to maintain a strong national defense.

Setting Federal Minimum Wage

Congress's power to regulate interstate commerce has been used to set a federal minimum wage. The argument is that a minimum wage affects the flow of goods and services across state lines, thus falling under Congress's regulatory authority.

Regulating Immigration

The Constitution does not explicitly grant Congress the power to regulate immigration, but this power is implied from its authority over naturalization, foreign commerce, and the power to declare war. Regulating immigration is seen as necessary for national security and economic stability.

The Limits of Implied Powers

While the Necessary and Proper Clause grants Congress significant flexibility, it is not unlimited. The Supreme Court has established some limits on the scope of implied powers.

Must be Linked to Enumerated Powers

An implied power must be linked to an enumerated power. In other words, Congress cannot claim an implied power that is not connected to one of its explicitly listed powers. The law in question must be instrumental in carrying out an enumerated power.

Cannot Violate Other Constitutional Provisions

Implied powers cannot be used to violate other provisions of the Constitution, such as the Bill of Rights. For example, Congress cannot use its implied powers to infringe on freedom of speech or the right to bear arms.

Must be "Necessary and Proper"

The Supreme Court has interpreted the term "necessary" to mean something more than merely "desirable" or "convenient." The power must be essential for carrying out an enumerated power. The term "proper" means that the power must be consistent with the spirit and purpose of the Constitution.

Contemporary Debates and Applications

The scope and limits of Congress's implied powers continue to be debated in contemporary American politics. Several issues highlight the ongoing relevance of this constitutional principle.

Healthcare Reform

The Affordable Care Act (ACA), also known as Obamacare, faced legal challenges based on the argument that Congress exceeded its authority under the Commerce Clause and the Necessary and Proper Clause. Opponents argued that the individual mandate, which required individuals to purchase health insurance, was an unconstitutional expansion of federal power.

In National Federation of Independent Business v. Sebelius (2012), the Supreme Court upheld the ACA's individual mandate under Congress's taxing power, but not under the Commerce Clause. This case demonstrated the ongoing debate over the limits of Congress's implied powers in the context of healthcare.

Gun Control

Congress's power to regulate firearms has been a contentious issue. Supporters of gun control argue that Congress can regulate firearms under the Commerce Clause, as guns are often manufactured in one state and sold in another. Opponents argue that such regulations infringe on the Second Amendment right to bear arms.

The debate over gun control highlights the tension between Congress's implied powers and individual rights protected by the Constitution.

Environmental Protection

Climate change and environmental protection remain significant areas of debate. Congress has used its power to regulate interstate commerce to enact environmental regulations aimed at reducing pollution and mitigating climate change. However, these regulations often face legal challenges from those who argue that they exceed Congress's authority and infringe on states' rights.

Economic Regulations

In the wake of financial crises, Congress has enacted regulations to stabilize the economy and protect consumers. These regulations, such as the Dodd-Frank Act, are often justified under Congress's power to regulate interstate commerce and its implied power to ensure financial stability. Opponents argue that such regulations can stifle economic growth and impose undue burdens on businesses.

How to Identify an Implied Power

Identifying an implied power requires careful analysis of the Constitution and relevant Supreme Court cases. Here are some steps to help you determine whether a particular power is implied:

Identify the Enumerated Power: Start by identifying the specific enumerated power that Congress is seeking to execute. This is the foundation upon which any implied power must be built.
Determine if the Power is "Necessary and Proper": Ask whether the power in question is truly necessary and proper for carrying out the enumerated power. Is it essential, or merely convenient?
Consider the Link Between the Powers: Analyze the connection between the enumerated power and the implied power. Is the implied power directly related to the execution of the enumerated power, or is the connection tenuous?
Check for Constitutional Violations: Ensure that the exercise of the implied power does not violate any other provisions of the Constitution, such as the Bill of Rights or the Tenth Amendment (which reserves powers not delegated to the federal government to the states or the people).
Review Relevant Supreme Court Cases: Research whether the Supreme Court has addressed similar issues in the past. Landmark cases like McCulloch v. Maryland provide guidance on the scope and limits of implied powers.

Conclusion

Congress's implied powers are a crucial aspect of the American constitutional system. Derived from the Necessary and Proper Clause, these powers allow Congress to adapt to changing circumstances and govern effectively. Landmark Supreme Court cases like McCulloch v. Maryland have established the legal foundation for implied powers, while also setting limits on their scope. Understanding the nature, scope, and limits of Congress's implied powers is essential for anyone seeking to comprehend the dynamics of American government and the ongoing debates over the balance of power between the federal government and the states. While the expressed powers of Congress provide a clear outline of their authority, the implied powers enable them to address complex issues and unforeseen challenges in a manner consistent with the Constitution's overarching principles.