The Constitution's Implied Powers: What Are They?

Implied powers refer to powers that the US Congress possesses that are not explicitly stated in the Constitution. The concept of implied powers was first articulated by Alexander Hamilton, who argued that the “general welfare” and “necessary and proper” clauses of the Constitution gave it the elasticity sought by its framers. This concept was later recognised by the US Supreme Court in the 1819 case McCulloch v. Maryland. Implied powers enable the federal government to carry out tasks outlined by the enumerated powers, which are those expressly granted to the federal government by the Constitution. While implied powers allow Congress to pass laws to govern the country effectively, they are often controversial and hotly debated, as they can result in laws that are not specifically authorised by the Constitution.

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The Military Draft

Implied powers refer to powers that the US Congress possesses that are not explicitly stated in the US Constitution. Alexander Hamilton first articulated the concept of implied powers, which was later recognised by the US Supreme Court in the 1819 case McCulloch v. Maryland. Hamilton argued that the sovereign duties of any government imply the right to use whatever means are necessary to carry out those duties. This interpretation of Article 1, Section 8 of the US Constitution established the doctrine of implied powers.

The Court also rejected the argument that the Selective Draft Law created involuntary servitude in violation of the Thirteenth Amendment. It was reasoned that compelled military service is neither repugnant to a free government nor in conflict with the constitutional guarantees of individual liberty. The Court concluded that the duty of the citizen to render military service in case of need, and the right of the government to compel it, are integral to the very conception of a just government.

Gun Control Laws

Implied powers refer to powers that the US Congress possesses that are not explicitly enumerated in the US Constitution. The concept of implied powers was first articulated by Alexander Hamilton, who argued that the sovereign duties of a government imply the right to use whatever means are necessary to achieve its ends. This interpretation of Article 1, Section 8 of the US Constitution established the doctrine of implied powers, also known as the "Necessary and Proper Clause" or the "Elastic Clause".

The US Supreme Court officially acknowledged the existence and validity of Congress's implied powers in the 1819 McCulloch v. Maryland case. In this case, the Court upheld the constitutionality of laws passed by Congress establishing federally regulated national banks. The Court found that the creation of banks was properly related to Congress's expressly enumerated powers, and therefore, the establishment of the banks fell under the Necessary and Proper Clause.

One of the most controversial uses of implied powers by Congress involves gun control laws. Since 1927, Congress has passed laws limiting the sale and possession of firearms, citing its expressed power to regulate interstate commerce under the "Commerce Clause" of the Constitution. This use of implied powers has been controversial as it appears to conflict with the Second Amendment, which ensures the right to "keep and bear arms". However, the US Supreme Court has interpreted the Second Amendment on five separate occasions, and nearly 40 lower court decisions have addressed the amendment, all holding that the Second Amendment guarantees a state's right to maintain a militia, rather than an individual's right to own a gun.

Gun control advocacy groups, such as Handgun Control, Inc., do not advocate for a complete ban on handguns, but rather for common-sense measures to prevent criminals from easily purchasing firearms. They support legislation such as a national 7-day waiting period after the initial application for the purchase of a handgun to allow for criminal background checks, as well as the prohibition of the sale of certain types of weapons, such as paramilitary assault weapons and cheap, easily concealed handguns. These measures aim to strike a balance between protecting the public and respecting the Second Amendment.

Creation of the IRS

The United States Constitution grants the US government both expressed and implied powers to govern the nation. Implied powers are those powers assumed by the United States government that are not explicitly stated in the Constitution. They refer to powers that Congress can exercise but are not directly outlined in the nation's founding document. Most of these implied powers are derived from Article 1 of the United States Constitution.

The creation of the IRS (Internal Revenue Service) is an example of Congress using its implied powers. The IRS was created in 1913 after the Sixteenth Amendment to the US Constitution was ratified, authorizing Congress to impose a tax on income. The IRS was then responsible for collecting this income tax, which was first introduced in 1862 by the Commissioner of Internal Revenue, a federal office, to fund the American Civil War.

The IRS, as an agency of the Department of the Treasury, is responsible for collecting US federal taxes and administering the Internal Revenue Code. It is led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The IRS collects revenue needed to fund the federal government, with the rest being funded by the US Customs and Border Protection and the Federal Reserve.

The implied powers used by Congress to create the IRS are based on its authority to collect taxes. This authority has also been used to implement a federal minimum wage and regulate commerce, including the sale and possession of firearms. The use of implied powers by Congress has been a controversial topic, as some argue that these powers are not explicitly stated in the Constitution.

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Establishing a National Bank

The concept of implied powers in the US Constitution refers to powers that Congress possesses that are not explicitly stated in the document. The framers of the Constitution knew that the expressed powers listed in Article I, Section 8 would not be adequate to address all the issues and situations that Congress would need to deal with in the future.

One of the most notable examples of implied powers in action is the establishment of a national bank. In 1791, Congress created the First Bank of the United States. This move was met with criticism from Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, who questioned its constitutionality. In response, President George Washington asked Treasury Secretary Alexander Hamilton to defend the creation of the bank. Hamilton, often regarded as the first articulator of the concept of implied powers, argued that the sovereign duties of any government imply the right to use whatever means are necessary to fulfil those duties. He further justified his argument by citing the "general welfare" and the "necessary and proper" clauses of the Constitution, granting it the elasticity intended by its framers.

The debate over the establishment of a national bank resurfaced in 1816 when Congress created the Second Bank of the United States. Many states, including Maryland, opposed the presence of national bank branches within their borders, as they did not want the national bank to compete with their own banks. Maryland set a precedent by imposing taxes on all banks not chartered by the state, including the Second National Bank. James W. McCulloch, a federal cashier at the Baltimore branch, refused to pay the taxes, leading to the landmark Supreme Court case McCulloch v. Maryland in 1819.

In McCulloch v. Maryland, Chief Justice John Marshall upheld the establishment of the Second Bank of the United States, citing Hamilton's 1791 argument for implied powers. Marshall agreed that Congress had the right to establish a national bank as an implied power of the Constitution, specifically under the "elastic clause" or "necessary and proper clause", which grants Congress the authority to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. This decision set a precedent for the expansion of federal power and the interpretation of implied powers in the Constitution.

Regulating Workplace Discrimination

Implied powers refer to powers that Congress possesses that are not explicitly stated in the U.S. Constitution. The concept was first articulated by Alexander Hamilton, who argued that the sovereign duties of the government imply the right to use whatever means are necessary to carry out those duties. This interpretation of the Constitution established the doctrine of implied powers, which was later recognized by the U.S. Supreme Court in McCulloch v. Maryland in 1819.

One example of how Congress has exercised its implied powers is in regulating workplace discrimination. While the Constitution does not specifically grant Congress the power to pass laws prohibiting workplace discrimination, it has done so under the implied powers doctrine. This is justified by the "Necessary and Proper Clause" or "Elastic Clause," which grants Congress the power to make all laws necessary and proper for carrying into execution the powers vested by the Constitution.

In addition to federal laws, there are also state and local laws that prohibit workplace discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal equal employment opportunity regulations and provides oversight and coordination of policies and practices. The EEOC also makes recommendations for further legislation to eliminate discrimination. The Civil Service Reform Act of 1978 is another example of federal legislation that prohibits discrimination against federal employees and applicants on various bases, including race, color, national origin, religion, sex, age, or disability.

The implied powers doctrine allows Congress to address issues and situations that were not anticipated by the Constitution's framers. By using implied powers, Congress has been able to pass laws regulating workplace discrimination, which is an important aspect of protecting the rights and well-being of employees and job applicants.

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