Which of the following is an example of Congress using its implied powers *?

In the United States, the government operates under a principle called federalism. Two separate governments, federal and state, regulate citizens.

The federal government has limited power over all fifty states. State governments have the power to regulate within their state boundaries. State powers are also limited in the sense that states cannot make laws that conflict with the laws of the federal government.

Federalism

A system of government in which the people are regulated by both federal and state governments.

The power of the federal government to regulate and make laws is limited by the U.S. Constitution, which grants express and implied powers to regulate. Express powers are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which gives Congress the right to regulate such matters as the coining of money, the post office, and the military.

Along with the express powers, the federal government also has the power to make all laws that are necessary and proper for executing any of the stated powers. When Congress makes laws under this provision, it is using its implied powers. Implied powers must be related to one of the express powers.

Matters that are not within the express or implied powers of the federal government are generally left to the states to regulate. The Tenth Amendment to the U.S. Constitution provides, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Express powers

Powers given to Congress that are spelled out in the Constitution.

Implied powers

The power that Congress has to regulate that is derived from the express powers.

As a practical matter, however, the power of the federal government to pass laws and to regulate is extensive. One reason for this is that the Supreme Court has given a broad interpretation to the Commerce Clause. This clause gives the federal government the right to regulate interstate commerce. In the past, the Court has liberally interpreted this power. For example, Congress used this section to justify numerous laws, including civil rights legislation.

States have very broad powers to make laws that apply within the state boundaries. States are said to have general police powers. This means that states can make laws that provide for the general health, welfare, and safety of its citizens. However, they cannot make laws that conflict with federal laws. Nor can states enact any laws in areas that are preempted by the federal government.

Preemption means that the federal government has the exclusive right to regulate a particular subject area.

Some subject areas that cannot be regulated by states are set out in Article I, Section 10 of the Constitution and include such activities as entering into treaties, coining money, and passing ex-post facto laws.

Ex post facto laws make a person criminally responsible for an act that was committed before the act was made a crime.

Areas commonly regulated by states include criminal conduct, contractual relationships, civil tort liability, and forms of business such as partnerships and corporations.

Preemption

A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.

Police powers

The authority of states to make laws that provide for the general health, welfare, and safety of its citizens.

Ex Post Facto

“After the fact”; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred.

Under the Constitution, Congress has both specific and implied powers. These powers have been expanded through the amendment process as well as by Congress's own legislative action. Moreover, both houses are granted authority in certain areas. 

Specific powers

Congress is given 27 specific powers under Article I, Section 8, of the Constitution. These are commonly known as the enumerated powers, and they cover such areas as the rights to collect taxes, regulate foreign and domestic commerce, coin money, declare war, support an army and navy, and establish lower federal courts. In addition, Congress can admit new states to the Union (Article IV, Section 3), propose amendments to the Constitution (Article V), collect federal income taxes (Sixteenth Amendment), and enforce protection and extension of civil rights (Thirteenth, Fifteenth, Nineteenth, Twenty-third, Twenty-fourth, and Twenty-sixth amendments). 

Implied powers

Implied powers are not stated directly in the Constitution. They derive from the right of Congress to make all laws "necessary and proper" to carry out its enumerated powers. Located at the end of Article I, Section 8, this sentence is often called the elastic clause because it stretches the authority of Congress. The Supreme Court upheld the concept of implied powers in the landmark case McCulloch v. Maryland (1819), ruling that the federal government had the right to establish a national bank under the power delegated to Congress to borrow money and control commerce. A more recent example of implied powers is the War Powers Act of 1973, which limited the ability of the president to send American troops into combat without consulting and notifying Congress. 

Limitations on the powers of Congress

The Constitution lists powers that are denied to Congress (Article I, Section 9). The Bill of Rights prohibits Congress from making laws that limit individual liberties. Under the system of checks and balances, the president can veto a law passed by Congress, or the Supreme Court can declare a law unconstitutional. Voters can ignore unpopular laws and press for their repeal, as happened with the Eighteenth Amendment establishing Prohibition. 

Which of the following is an example of Congress using implied powers?

Establish a federal minimum wage: Another example of Congress using its implied power is its interpretation of the same Commerce Clause to support the enactment of the first Federal Minimum Wage Act in 1938. Both Congress and state governments have the ability to use implied powers to accomplish social change.

What are some of Congress implied powers?

“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.”

Which is an example of Congress using its implied powers quizlet?

"The Congress shall have power to lay and collect taxes.." Article I clause 18 gives congress this power which is the basis for all implied powers of congress.

Which of the following is an example of an implied power?

The correct answer is C. National government creates an air force division of the military. Implied powers are used to pass laws or policy that is vital to the nation. These powers are not specifically addressed in the Constitution, but are necessary.