Question

What is the term for powers not directly stated in the constitution but are necessary to carry out functions that are directly stated?.

Answer 1

Implied powers are those that the "necessary and proper" language in Article I, Section 8 implies but which are not expressly defined in the constitution.

To enact all laws necessary and appropriate for carrying out the aforementioned powers, as well as all other powers granted to the United States government or any department or officer thereof by this constitution. The Necessary and Proper Clause1 closes up Article I's list of the enumerated powers of Congress by broadly stating that those powers also include the right to employ all appropriate measures to carry out those specified authorities. According to the Necessary and Proper Clause, all Implied and incidental powers that are helpful to the exercise of an enumerated power are included in the congressional power. The history of the Necessary and Proper Clause's insertion in the Constitution and its significance during the ratification discussions are first covered in this section. The section then moves on to early judicial interpretations of the Clause, culminating in Chief Justice John Marshall's famous McCulloch v. Maryland ruling from 1819. The section finishes with a discussion of contemporary Supreme Court opinions on the reach of Congress's jurisdiction under the Implied and Proper Clause, following a brief overview of the significant nineteenth-century Supreme Court decisions on the Clause after McCulloch.

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