Implied Powers (Essay Sample)

Introduction
The United States Constitution divides the power of the national government among the Legislative (Congress), the Executive (the President and those appointed to help the President), and the judiciary (the federal courts) (May & Ides, 2004). According to May and Ides (2004), this is the principle of separation of powers. In session 9, Professor Reitzfeld stated that the branches of government have their powers stated in the Constitution (Reitzfeld, session 9). When branches have their powers, specifically stated in the Constitution, they are called express or enumerated powers (Reitzfeld, session 9). The Legislature, Executive, and judiciary express powers are found in Articles I, II, and III, respectively. For instance, if the President were to initiate war without approval from Congress, the Executive action can be challenged based on Article I since the power to declare war belongs to Congress and not the Executive (May & Ides, 2004). In addition, to express power, the national government also has implied power that enables it to be stronger and flexible. According to Professor Reitzfeld in session 9, implied powers are not specifically granted to either branch of the government, but it helps the government to fulfil their express powers (Reitzfeld, session 9). The Legislature (Congress) is the government’s branch that uses implied power more. The concept of implied power has been used extensively by Congress to fulfil its mandate as described in the Constitution. However, some of the implied power practiced by Congress infringes some rights described in the Constitution.
Do you think that Implied Powers a) are legitimate for Congress to have?
McCulloch v. Maryland is one of the most historical cases in the United States. In the McCulloch v. Maryland case, the Supreme Court ruled on whether the laws passed by Congress are constitutional. In this case, Chief Justice John Marshall supported the doctrine of implied powers that, though they are not stated in the Constitution, are necessary for Congress to fulfill its express powers. In McCulloch v. Maryland case, the Supreme Court ruled that the creation of the second bank by Congress was constitutional under the “Necessary and Proper Clause.”
I believe the implied powers are legitimate for Congress to have. I believe implied powers are legitimate for Congress to have because it helps Congress adjust accordingly in the administration of its express powers. The Constitution grants Congress about 27 express powers. Implied powers allow Congress to make necessary and proper laws for executing the express powers stipulated in the Constitution. If Congress did not have the implied power, it could be impossible to carry some of its express powers. In session 9, Professor Reitzfeld stated that the implied power of the Congress must be rationally related to the objective and not otherwise forbidden by the Constitution (Reitzfeld, session 9). For instance, Congress has the power to collect taxes as stipulated in Article I of the Constitution. As a result of Congress's express power, it has the implied power to punish tax evasion and determine which items are taxed more than others. Without the implied powers, the range of laws would be finite. When Congress's implied powers are abused, it becomes illegitimate and an abuse of the Constitution. This conquers with Chemerinsky (2019), who stated that the implied powers of Congress could be invalidated if it exceeds Congress's powers under Article I or for violating the rights protected by the Constitution.