I.

Introduction

Implied Powers, powers exercised by the federal government of the United States that are not expressly delegated to it by the Constitution. The U.S. Constitution defines the powers of a national government and grants all other authority—the residual powers—to individual states. However, the framers of the Constitution left open the possibility that the national government had implied powers beyond those explicitly written. The so-called “elastic clause” in Article I, Section 8, of the Constitution authorizes the Congress of the United States 'to make all laws which shall be necessary and proper for carrying into execution' the powers vested in any department of the national government. Since the creation of the United States, the elastic clause has allowed Congress to expand the powers of the federal government dramatically.

II.

History

Whether the Constitution should be interpreted narrowly or broadly has been debated throughout American history. A narrow interpretation limits the federal government’s powers to those that are specifically described in the Constitution. A broad interpretation accommodates the principle of implied powers, allowing the federal government to expand its authority in ways not specifically described in the Constitution.

The legitimacy of implied powers was contended in the early United States. The Federalist Party, led by Alexander Hamilton, advocated a liberal interpretation of the Constitution, while Thomas Jefferson and his associates in the Democratic party argued for a strict interpretation. Those favoring greater power for individual states usually advocate the principle of strict interpretation, also called strict construction. However, even President Jefferson, who advocated strict construction, was forced to interpret the Constitution broadly after he became president. Under President Jefferson, the federal government of the United States enforced the Embargo Act, forbidding trade with Europe, and made the Louisiana Purchase. Neither of these powers was explicitly granted to the federal government in the text of the Constitution.

III.

Judicial View

The Supreme Court of the United States has historically favored a federal government strengthened by implied powers. The high court has determined that the intent of the Constitution was to create a vigorous central government, endowed with adequate powers to carry out its responsibilities.

The Supreme Court first affirmed the principle of implied powers in 1819. In the case of McCulloch v. Maryland, the high court upheld the right of Congress to incorporate the Bank of the United States in spite of the fact that the Constitution doesn’t specifically give Congress powers related to banking or the creation of corporations. Chief Justice John Marshall favored a broad interpretation of the Constitution, writing that it was 'intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.'

IV.

Effects

The principle of implied powers has significantly affected the development of the U.S. system of government. Implied powers have allowed the federal government of the United States to levy income taxes, conscript armies, and organize a national postal system. Every power granted to the branches of the national government by the Constitution has been expanded through the principle of implied powers, resulting in a strong, centralized federal government.