PSC 210 Lecture Notes - Lecture 5: Enumerated Powers, Implied Powers
19 Sep 2019
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Document Summary
Congress" enumerated powers are listed into the constitution. Dispute comes over what the powers actually mean (interpretation of the powers leads to debate) Implied powers are not listed into the constitution but it is heavily implied that congress has those powers. Make laws that are necessary and proper for congress to be able to use enumerated powers. It grants more powers that are not explicitly stated in order to carry out other powers. The constitution must be able to adapt over time so powers cannot be limited. No clear definition of this clause so it is up to congress to determine the limitations with the consent of the people. Only time it wouldn"t be proper is if its not aimed at some legitimate end (no goal) or if it was strictly prohibited by the constitution. Nothing in the constitution to allow congress to conduct investigations but the court recognized the power to conduct investigations is an implied power.
