Origin Established by the U.S. Supreme Court in McCulloch v. Maryland (1819).
Implied powers are governmental authorities not written out in the Constitution but reasonably drawn from powers that are. The idea took shape during the presidency of George Washington, when Alexander Hamilton defended the constitutionality of the First Bank of the United States against Thomas Jefferson and James Madison by arguing that the sovereign duties of a government imply the right to use means adequate to its ends, pointing to the Necessary and Proper Clause and the General Welfare Clause for that flexibility. The Supreme Court gave the doctrine formal recognition in McCulloch v. Maryland in 1819, when Chief Justice John Marshall held that Congress holds powers beyond those expressly listed. Congressional implied powers are generally traced to three constitutional sources, the Taxing and Spending Clause, the Necessary and Proper Clause, and the Commerce Clause, and operate by extending authority that follows logically from an express power even though that authority is never named outright.
Facts
Origin PeriodEstablished by the U.S. Supreme Court in McCulloch v. Maryland (1819). 1 Core PrincipleThe federal government holds powers beyond those explicitly listed in the Constitution when those powers are reasonably necessary to carry out its expressly granted authorities. 1 Cross-Tradition Connections
Formulated By
Chief Justice Marshall articulated the doctrine in McCulloch v. Maryland (1819), reading the Necessary and Proper Clause to permit means reasonably adapted to a legitimate end. McCulloch v. Maryland is not yet a live entity in this atlas; filed as a mint candidate.
In Legal System
U.S. constitutional doctrine holding Congress may exercise powers reasonably implied by its enumerated powers.
Sources
1. Implied Powers (Wikipedia)
WikipediaWikipedia, Implied Powers article, lead section definitional sentenceQuote, Wikipedia, Implied Powers article, lead section definitional sentence
In the United States, implied powers are powers that, although not directly stated in the Constitution, are indirectly given based on expressed powers.
1. Implied Powers (Wikipedia)
WikipediaWikipedia, Implied Powers article, discussion of McCulloch v. MarylandView the Source Reader Challenges (0 open reader challenges)
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