The Constitution Of The United States Essays

The Constitution Of The United States Essays

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Article 1, Section 8 of the Constitution of the United States reads “And to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” (Constitution (1787), 2015). The ability for the federal government to “bend” the laws to accommodate the needs of the people are what make people leery of a national government with too much power. This quote is referring to implied powers, which will be defined, along with consequences of McCullough v. Maryland, and how that ruling affects the implementation of laws such as the federal minimum wage, which is an example of implied powers.
Implied Powers
Article 1, Section 8, identifies the powers of Congress, which are very important to the framework of the federal government. The very last paragraph, as quoted above, refers to what is now called “implied powers”. These are powers that Congress or the President can use, if needed, to apply to a certain situation as it sees fit. This clause is referred to as the “necessary and proper clause” because it allows flexibility for Congress to be able to create laws or act wherever the Constitution does not explicitly state such laws or powers. Here is where the term “implied powers” comes in, due to the fact that Congress can act on this gray area that is not clearly defined in the Constitution (Constitutional Interpretation, 2015). This paragraph of implied powers was initially intended by the founders of the Constitution to be used by Congress in the future for unforeseen instances that needed Congress to step in and determine if the power was legitimate, without infringin...


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...f jobs instead of hiring more workers. This dilemma of the employer still puts the potential employees at a disadvantage of the possibility of less jobs to be had for the American people. Therefore, this act can be seen as both a positive and a negative, depending on which side is speaking about it.
Conclusion
Implied powers, which were put into place by Article 1, Section 8 of the Constitution of the United States, were meant by the founding fathers to be used as necessary for the future crises that may present themselves which were in no way able to be predicted. The common fear around these implied powers are the ability for them to be “bent” as needed and potentially give the federal government too much power. This is a discussion that continues even today as new and more profound issues with American life seem to appear even more often than before.

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