implied powers

Examples of implied powers in the following topics:

• The Oversight Function

  • Congress exercises this power largely through its congressional committee system.
  • Congress's oversight authority derives from its "implied" powers in the Constitution, public laws, and House and Senate rules.
  • Oversight is an implied rather than an enumerated power under the U.S.
  • Oversight also derives from the many, varied express powers of the Congress in the Constitution.
  • It is implied in the legislature's authority, among other powers and duties, to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers.

• Investigation

  • Congress's oversight authority derives from its implied powers in the Constitution, public laws, and House and Senate rules.
  • Oversight is an implied rather than an enumerated power under the U.S.
  • It is implied in the legislature's authority, among other powers and duties, that it can appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the president, vice president, and other civil officers.
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.

• The Legislative Function

  • However, the Constitution grants each chamber some unique powers.
  • Congress has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress 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. " Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section 8.
  • Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power.
  • Committees have power and have been called 'independent fiefdoms'.
  • Differentiate between the powers granted by the Constitution to the House and Senate

• Early U.S. Supreme Court Decisions

  • Maryland, established the rights of power between federal and state governments.
  • Chief Justice John Marshall believed that the case established the principles that the Constitution grants Congress implied powers for implementing the Constitution's expressed powers, in order to create a functional national government and that state action may not impede valid constitutional exercises of power by the federal government.
  • The court determined that Congress had the power to create the Bank .
  • First, historical practice established Congress' power to create the Bank.
  • Third, Marshall admitted that the Constitution does not enumerate a power to create a central bank but that this is not dispositive to Congress' power to establish such an institution.

• Common Law

  • Federal courts lack the plenary power possessed by state courts to simply make up law.
  • Unlike the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors.
  • However, it is universally accepted that the Founding Fathers of the United States, by vesting judicial power into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, vested in them the implied judicial power of common law courts to formulate persuasive precedent.
  • This power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified.
  • Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies.

• Oversight

  • Oversight of various federal agencies is one of Congress' enumerated powers.
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.
  • Reinforcing these powers is Congress's broad authority to make all laws that will be necessary to carry out execution the foregoing powers, all other powers vested by this Constitution in the government, or in any Department or Officer in the government.
  • The authority to oversee is derived from these constitutional powers.
  • Besides these general powers, numerous statutes direct the executive to furnish information to or consult with Congress.

• Limited Government

  • In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by constitutional law.
  • In the United States, as discussed in the Federalist Papers , the idea of limited government originally implied the notion of a separation of powers and the system of checks and balances promoted by the U.S.
  • Reversely, though, the Tenth Amendment codified that any delegated powers of the federal government are only authorized to be performed so long as such delegated powers are expressly delegated to the federal government specifically by the Constitution.
  • The Constitution limits the power of the government in several ways.
  • Limited government exists where some effective limits restrict governmental power.

• Chief Diplomat

  • The appointment power of the President allows him or her to appoint and receive ambassadors around the world.
  • Informal diplomacy has been used for centuries to communicate between powers.
  • Although the Constitution does not explicitly grant presidents the power to recognize foreign governments, it is generally accepted that they have this power as a result of their constitutional authority to "send and receive ambassadors. " This is generally known as the "appointment power" of the presidency.
  • Because the acts of sending an ambassador to a country and receiving its representative imply recognition of the legitimacy of the foreign government involved, presidents have successfully claimed exclusive authority to decide which foreign governments are recognized by the United States.
  • Informal diplomacy has been used for centuries to communicate between powers.

• The Traditional Political Spectrum

  • "The Right" thus implied support for aristocratic or royal interests and the church, while "The Left" implied support for republicanism, secularism, and civil liberties.
  • In modern parlance, left-right has acquired the added dimension of the balance of governmental power and individual rights, wherein moving left increases the power of government and moving right the rights of individuals.
  • This introduces, or exposes, a limitation in this simple binary spectrum, where by social views of left-right, fascists and totalitarian systems are on the far right; whereas by a balance of government to individual power, fascists and totalitarian systems are on the far left.

• National Security Policy

  • This security is guaranteed through the use of economic coercion, diplomacy, political power, and the projection of power.
  • Military security implies the capability of a nation to defend itself and/or deter military aggression.
  • Military security also implies the ability of a nation to enforce its policy choices through the use of military force .