What is an implied power?

What is an implied power?

• A. A power explicitly listed in the Constitution.
• B. A power not stated but suggested by the expressed powers.
• C. A power reserved to the judiciary only.
• D. A power granted to the governor.

Answer: (B)

Implied powers come from the idea that Congress can do more than what’s written in the Constitution if those actions are a reasonable means to carry out its clearly listed duties. This rests on the Necessary and Proper Clause, which allows Congress to make laws needed to execute its enumerated powers, even if those laws aren’t expressly stated. That’s why an implied power is described as not being stated but suggested by the expressed powers. A classic example is creating a national bank to manage finances and regulate commerce; even though banking isn’t explicitly enumerated, it helps Congress fulfill its power to tax and regulate trade, so it’s considered an implied power. The other descriptions point to powers that are explicitly listed, reserved to another branch, or allocated to a state governor, none of which capture how implied powers operate.

Implied powers come from the idea that Congress can do more than what’s written in the Constitution if those actions are a reasonable means to carry out its clearly listed duties. This rests on the Necessary and Proper Clause, which allows Congress to make laws needed to execute its enumerated powers, even if those laws aren’t expressly stated. That’s why an implied power is described as not being stated but suggested by the expressed powers. A classic example is creating a national bank to manage finances and regulate commerce; even though banking isn’t explicitly enumerated, it helps Congress fulfill its power to tax and regulate trade, so it’s considered an implied power. The other descriptions point to powers that are explicitly listed, reserved to another branch, or allocated to a state governor, none of which capture how implied powers operate.