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There is no "implied powers clause" in the US Constitution.

What is mean by "implied powers" goes back to Alexander Hamilton. When asked by George Washington to defend a bill creating a US national bank (the First National Bank of the United States) against Thomas Jefferson's accusations that nowhere in the US Constitution was the power to create a bank (or issue money, for that matter) discussed or granted, Hamilton answered that certain powers were implied by the Constitution.

What he has been interpreted to mean is that the Constitution grants non-enumerated powers generally necessary to fulfill explicitly enumerated duties. That is, the Federal government is permitted to do things not explicitly noted, provided that such actions are reasonably required to perform a function explicitly required (or granted) by the Constitution.

The argument from Hamilton is that Implied Powers are a practical necessity, since no document would be able to explicitly name all the possible requirements for a government, and thus, without the Implied Powers, a government could not effectively function ("the constitution would be a dead letter", to quote James Madison).

In general, the "General Welfare" clause and the "necessary and proper" clause are interpreted to give the Implied Powers.

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13y ago
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9y ago

In respect to the government and general historical development of the United States, 'implied powers' are important in several respects. In a practical way, the concept of 'implied powers' enables governmental officials and agencies to perform necessary work on behalf of the people without that work being explicitly stated or defined by constitutional documents. That such acting 'on implication' can sometimes cause conflict is undeniable; however, in such cases, the 'implied powers' become important in another respect: debated and defined by legislators and judiciaries, they provide the opportunity to clarify in yet another particular way the roles and responsibilities of government.

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Related questions

Government powers not directly stated in the constitution?

implied power


What are the powers that are suggested but not directly stated in the constitution called?

Implied powers


What power are not written in the Constitution but are powers that are reasonably obtained by interpreting the expressed powers?

Implied Powers


Powers that are not directly stated in the constitution are called implied powers who gets the implied powers?

federal government.


How are expressed powers and implied powers related?

Express powers are stated explicitly in the instrument confering the power. Implied powers are 'implied' from the function. So if a Minister has the power to make a decision it might be implied that he or she can hold an inquiry first.


What is powers not specified in the Constitution?

There are powers that are necessary and proper to execute the written powers, however, it was not specifically added in the constitution. This powers are called "implied powers".


Define the express powers and implied powers?

Implied powers are congress exercised powers which are not given explicitly by the constitution. While express powers are the powers which is given by the constitution.


What is an antonym for expressed powers?

implied powers


The powers that are suggested but not directly stated in the constitution are called?

Congressional powers not expressed are implied powers.


What do implied powers do?

Implied powers allow the congress to have more powers because they were hinted in the consitution. Such as when they are allowed to make banks because of the power they have to manage money. It is implied that they can have a national bank.


What powers gives congress more creative avenues for expanding their powers?

Implied powers are what allow Congress to creatively expand its reach and power. Alexander Hamilton used the argument of implied powers to justify the creation of a national bank.


What are implied powers?

Implied powers are powers not specifically spelled out in the ConstitutionThe definition of the word implied powers is "an implied power is a power that is not specifically authorized in writing, but is assumed because of similar powers which have already been granted in writing. Authoritative actions that aren't specifically granted to Congress in the Constitution but are considered necessary to fulfill governmental duties.