Enumerated and implied powers of the U.S. legislature

 

 

 

 

 

 

What are the differences between enumerated and implied powers of the U.S. legislature? You must include a definition of each power, the sources of each type of power, and two examples of each type of legislative power.

 

The U.S. legislative branch has two distinct types of powers, enumerated and implied powers. Enumerated powers are the specific authority granted to Congress by the Constitution while implied powers provide an interpretation of Congress’ power based on its enumerated authority (U.S. Const., art I, sec 8).

Enumerated Powers are specifically outlined in Article I, Section 8 of the Constitution which lists different areas that Congress has authority over such as taxation and regulation of commerce, providing for defense and security, establishing courts, issuing laws necessary to carry out their duties (U.S Const., art I ,sec 8). Two examples would be their ability to levy taxes or declare war since both are explicitly stated within this section.

Implied Powers come from a broader interpretation of what is allowed under Article 1 Section 8 as well as other parts of the constitution such as The Necessary and Proper Clause (U.S Const .art I sec8 cl 18 )which grants congress additional control over whatever legislation is “necessary and proper” for them carry out these expressed powers . Examples include passing labor laws like the Fair Labor Standards Act in order to protect workers or setting up agencies like NASA to aid with space exploration both which help fulfill certain government obligations even though they were not specifically mentioned in Article 1 Section 8.(CITATION)

In conclusion then ,the US legislative branch operates under two separate but related forms of power -enumerated and implied- each one granting it some type authority over certain matters yet also providing limits so that it does not exceed its constitutional boundaries.

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