Implied powers

/ɪmˈplaɪd ˈpaʊərz/ noun phrase

Definition

Powers not explicitly stated in the Constitution but reasonably inferred from the enumerated powers and necessary to carry them out effectively. These powers derive from the Necessary and Proper Clause and have greatly expanded federal authority.

Etymology

From Latin 'implicare' (to enfold or involve). The concept was first articulated by Alexander Hamilton and later endorsed by Chief Justice Marshall in McCulloch v. Maryland (1819), establishing that the Constitution implies powers beyond those explicitly listed.

Kelly Says

Implied powers transformed the Constitution from a short list of what Congress could do into an ever-expanding toolkit—Chief Justice Marshall's ruling that Congress could create a national bank even though 'bank' appears nowhere in the Constitution opened the floodgates for federal agencies, programs, and regulations the Founders never imagined!

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