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The Implied Powers of Congress

In the United States federal government, the term â€Å"implied powers† applies to those powers exercised by Congress that are not expressly granted to it by the Constitution but are deemed â€Å"necessary and proper† to effectively execute those constitutionally granted powers. Key Takeaways: Implied Powers of Congress An implied power is a power that Congress exercises despite not being expressly granted it by Article I, Section 8 of the U.S. Constitution.Implied powers come from the Constitution’s â€Å"Elastic Clause,† which grants Congress power to pass any laws considered â€Å"necessary and proper† for effectively exercising its â€Å"enumerated† powers.Laws enacted under the implied powers doctrine and justified by the Elastic Clause are often controversial and hotly debated. How can Congress pass laws that the U.S. Constitution does not specifically give it the power to pass? Article I, Section 8 of the Constitution grants Congress a very specific set of powers known as â€Å"expressed† or â€Å"enumerated† powers representing the basis of America’s system of federalism — the division and sharing of powers between the central government and the state governments. In a historic example of implied powers, when Congress created the First Bank of the United States in 1791, President George Washington asked Treasury Secretary Alexander Hamilton to defend the action over the objections of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph. In a classic argument for implied powers, Hamilton explained that the sovereign duties of any government implied that the government reserved the right to use whatever powers necessary to carry out those duties. Hamilton further argued that the â€Å"general welfare† and the â€Å"necessary and proper† clauses of the Constitution gave the document the elasticity sought by its framers. Convinced by Hamiltons argument, President Washington signed the banking bill into law. In 1816, Chief Justice John Marshall cited Hamilton’s 1791 argument for implied powers in the Supreme Court’s decision in McCulloch v. Maryland upholding a bill passed by Congress creating the Second Bank of the United States. Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated. The ‘Elastic Clause’ Congress, however, draws its often controversial implied power to pass apparently unspecified laws from Article I, Section 8, Clause 18, which grants Congress the power, â€Å"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.† This so-called â€Å"Necessary and Proper Clause† or â€Å"Elastic Clause† grants Congress powers, while not specifically listed in the Constitution, that are assumed to be necessary to implement the 27 powers named in Article I. bauhaus1000 / Getty Images A few examples of how Congress has exercised its wide-ranging implied powers granted by Article I, Section 8, Clause 18 include: Gun Control Laws: In clearly its most controversial use of implied powers, Congress has been passing laws limiting the sale and possession of firearms since 1927. While such laws may seem to be at odds with the Second Amendment ensuring the right to â€Å"keep and bear arms,† Congress has consistently cited its expressed power to regulate interstate commerce granted to it by Article I, Section 8, Clause 3, commonly called the â€Å"Commerce Clause,† as justification for passing gun control laws.Federal Minimum Wage: Another illustration of Congress’ use of its implied power can be seen in its rather loose interpretation of the same Commerce Clause to justify its passage of the first Federal Minimum Wage law in 1938.Income Tax: While Article I gives Congress the broad specific power to â€Å"lay and collect Taxes,† Congress cited its implied powers under the Elastic Clause in passing the Revenue Act of 1861 creating the nation’s first income tax law. The Military Draft: The always controversial, but still legally mandatory military draft law was enacted to implement Congress’ expressed Article I power to â€Å"provide for the common Defense and general Welfare of the United States.†Getting Rid of the Penny: In almost every session of Congress, lawmakers consider a bill to do away with the penny, each of which costs taxpayers nearly 2-cents each to make. Should such a â€Å"penny killer† bill ever pass, Congress will have acted under its broader Article I power to â€Å"coin Money†¦Ã¢â‚¬  History of Implied Powers The concept of implied powers in the Constitution is far from new. The framers knew that the 27 expressed powers listed in Article I, Section 8 would never be adequate to anticipate all of the unforeseeable situations and issues Congress would need to address through the years. They reasoned that in its intended role as the most dominant and important part of the  government, the legislative branch would need the broadest possible lawmaking powers. As a result, the framers built the â€Å"Necessary and Proper† clause into the Constitution as a safeguard to ensure Congress the lawmaking leeway it was certain to need. Since the determination of what is and is not â€Å"necessary and proper† is subjective, the implied powers of Congress have been controversial since the earliest days of the government. The first official acknowledgment of the existence and validity of the implied powers of Congress came in a landmark decision of the Supreme Court in 1819. McCulloch v. Maryland In the McCulloch v. Maryland case, the Supreme Court was asked to rule on the constitutionality of laws passed by Congress establishing federally-regulated national banks. In the court’s majority opinion, revered Chief Justice John Marshall affirmed the doctrine of â€Å"implied powers† granting Congress powers not expressly listed in Article I of the Constitution, but â€Å"necessary and proper† to carry out those â€Å"enumerated† powers. Specifically, the court found that since the creation of banks was properly related to Congress’ expressly enumerated power to collect taxes, borrow money, and regulate interstate commerce, the bank in question was constitutional under the â€Å"Necessary and Proper Clause.† Or as John Marshall wrote, â€Å"(L)et the ends be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.† ‘Stealth Legislation’ If you find the implied powers of Congress interesting, you might also like to learn about so-called â€Å"rider bills,† a completely constitutional method often used by lawmakers to pass unpopular bills opposed by their fellow members.

A Pastor Of A Small Church - 1007 Words

In preparing to be a pastor of a small church, one must have accepted his or her calling, be trained and be willing to serve the people. Pastoring is a spiritual work which will lead you to some amazing people if given the chance to lead them. This will truly be a test of your faith as one prepares to pastor a small church. Some people would say, what must you do to be a pastor? Will Doran Mc Carty tell us that you must be spiritually prepared, educated on the word of God, have a lifelong commitment to God, growth as a pastor, and cultural aware. Pastoring of any size church comes with these types of challenges. Those spoken here and some not spoken about. As I cover the different areas of preparation, keep in mind that these are just a few that must pastors follow. You will not get far if you are not filled with the Holy Spirit and seeking grace and mercy daily. A spiritual preparation is a must when pastoring. McCarty, D. (1997). Leading the small church, says â€Å"A call to preach is a call to prepare.† He also says â€Å"Spirituality is personal and not mechanical and rote exercise.† This spiritual preparation is an interaction with God and God alone. This not something that is just done. It is important that time is spent praying to God and listening to what he has for us. A pastor is not in the business of doing what he or she wants to do but what God has for us to do as pastors. Devotion and meditation is essential to the growth of a pastor’s spiritual preparation. Source ofShow MoreRelatedA Pastoral Intern At The Evanston Vineyard Church Essay940 Words   |  4 PagesEvanston Vineyard Church, a non-denominational church and is located at 2495 Howard Street, Evanston, IL. This is my second year serving here in the capacity of an intern. 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By building relationships with those around us the door to share the Gospel is opened up to us and it allows for conversation to happen. Another vital point that Greg Stier uses is to make the Gospel the center of everything (pg.10). Whether it be at church or during an event, the Gospel should be presente d to studentsRead MoreSkills And Ethics Of Human Services Course1013 Words   |  5 PagesProject, I volunteered at Southern Hills Christian Church, a local church that my family attends. Southern Hills Christian Church has a church service for children in Kindergarten-3rd grade called â€Å"All Stars†, which is where I completed my service learning hours. I chose to complete my hours at the church in the children’s department because I have an interest in wanting to work with children as a career. Also, I am an active volunteer at my church, so I did not need to go through any background checks

Statistics Assignment

Questions: 1. A basketball player has the following points for seven games: 20, 25, 32, 18, 19, 22, and 30. Compute the following measures: a) Compute the sample mean (the average of the points of each game) b) Compute the sample median c) Compute the variance and the standard deviation 2. Suppose during weekends, 55 percent of adults go to the beach, 45 percent go to the cinema, and 10 percent go to both the beach and the cinema. a) What is the probability that a randomly chosen adult does not go to the cinema? b) What is the probability that a randomly chosen adult go to the beach or the cinema or both? c) What is the probability that a randomly chosen adult doesn't go to the beach or the cinema? 3. A Financial Consultant has classified his clients according to their gender and the composition of their investment portfolio (primarily bonds, primarily stocks, or a balanced mix of bonds and stocks). The proportions of clients falling into the various categories are shown in the following table: Portfolio Composition Gender Bonds Stocks Balanced Male 0.18 0.20 0.25 Female 0.12 0.10 0.15 One client is selected at random, and two events A and B are defined as follows: A: The client selected is male. B: The client selected has a balanced portfolio. Find the following probabilities: Find the following probabilities: a) P(A) b) P(B) c) P(A or B) d) P(A or B) e) P(A/B) Answers: (1). a) Let X be the variable, then mean of X is sum(X)/n, n being the no. of observations. Thus mean =23.71429 b) Median is that value of X say which such that proportion of observations above y is 0.5. After arranging the data in increasing order, we get Median =22. c) The variance of X is , m is the sample mean. Thus variance =30.2381 Standard deviation = =5.498918 (2). a) Let A be the event of going to beach and B be the event of going to cinema. We are required to find P(B) =1-P(B) =0.55 b) Here we are to find P(AUB) =P(A) +P(B) P(AB) =0.55+0.45-0.1 =0.9 c) We are to find P(AB) =1-P(AUB) =1-0.9 =0.1 (3). A: The client selected is male. B: The client selected has a balanced portfolio. Find the following probabilities: a) P(A) =18+0.20+ 0.25=0.63 b) P(B) =0.15+0.25 =0.4 c) P(AUB) =P(A) +P(B) P(AB) =0.63+0.4-0.25 =0.78 d) P(AUB) =P(A) +P(B) P(AB) =0.63+0.4-0.25 =0.78 e) P(A/B) =(AB)/P(B) =0.25/0.4 =0.625.