All other powers vested in this Constitution means any other powers granted by amendment.Īlso notice the word 'vested.' Vested means 'legally transferred.' If the powers are legally transferred, they must be transferred from someplace. The language of this clause, however, actually denies the existence of implied powers, for the clause specifically states that the laws necessary and proper must be passed in order to carry into execution the foregoing powers, and all other powers vested in this Constitution.įoregoing powers means the powers expressly granted preceding this clause.

The Constitutional argument used to support their belief in the existence of implied powers is in Article I, Section 8, Clause 18, also known as the 'necessary and proper clause.' The clause reads: To make all law which shall be necessary and proper to carrying into execution the foregoing powers, and all other powers vested in this Constitution in the government of the United States, or in any department or officer thereof. Implied powers, according to those that support this concept, relate specifically to the Legislative Branch, but actually all branches have some form of implied powers. In other words, those that believe in the existence of implied powers argue that such powers add to Congress's expressed powers. These are implied powers, which means that there are powers beyond those enumerated that are given to Congress so that they can write laws to make sure what needs to happen happens. Constitution will argue that there are more powers granted to Congress that you can find within the body of the Constitution and its amendments. Those that do not agree with the strict constructionist view of the U.S. The second school of thought recognizes two different types of powers in the Constitution: Expressed powers and implied powers.Įxpressed powers include the power to tax, maintain a military, coin money, establish post roads and post offices, and to establish uniform rules of naturalization. Constitution (primarily in Article I, Clause 8, and all subsequent Amendments).

One contends that all federal powers are expressly given, or enumerated, by the U.S. Constitution, one discovers the existence of two schools of thought when it comes to the authorities of the federal government. When one studies the United States Constitution, and also studies the various opinions regarding the U.S.

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