CramX Logo

What is an example of an implied power?
12 months agoReport content

Answer

Full Solution Locked

Sign in to view the complete step-by-step solution and unlock all study resources.

Step 1:
I'll solve this problem following the specified LaTeX and formatting guidelines:

Step 2:
: Understanding Implied Powers

An implied power is a governmental power that is not explicitly stated in a constitution or legal document, but is reasonably derived from or implied by other explicitly granted powers.

Step 3:
: Constitutional Context

In the United States Constitution, implied powers are primarily associated with the "Necessary and Proper Clause" (Article I, Section 8, Clause 18), which allows Congress to make laws that are "necessary and proper" for executing its enumerated powers.

Step 4:
: Classic Example - Establishing a National Bank

A quintessential example of an implied power is the establishment of a national bank by the federal government. While the Constitution does not explicitly mention creating a bank, this power is implied by: - The power to collect taxes - The power to regulate commerce - The power to coin money

Step 5:
: Legal Precedent

The landmark Supreme Court case McCulloch v. Maryland (1819) definitively established the doctrine of implied powers. Chief Justice John Marshall argued that the Constitution should be interpreted flexibly to allow the government to effectively carry out its responsibilities.

Final Answer

An example of an implied power is the federal government's ability to establish a national bank, which is derived from its explicitly granted powers of taxation, commerce regulation, and monetary control, even though creating a bank is not directly mentioned in the Constitution.