Replies

1 posted on 07/13/2005 10:08:21 AM PDT by Elisheva

Probably the difference between the definitions of the words:

implicit and explicit

2 posted on 07/13/2005 10:09:13 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))

What is the difference between Implied Powers as opposed to expressed powers?

Under this Supreme Court, apparently none.

3 posted on 07/13/2005 10:09:35 AM PDT by dirtboy (Drool overflowed my buffer...)

Gosh I didn't know there was a test today. I didn't study.

4 posted on 07/13/2005 10:09:50 AM PDT by ladtx ( "Remember your regiment and follow your officers." Captain Charles May, 2d Dragoons, 9 May 1846)

Uh, implied powers are implied in the laws, while expressed powers are expressed in the laws?

5 posted on 07/13/2005 10:12:11 AM PDT by Dr.Hilarious (If Al Qaeda took over the judiciary and mainstream media, would we know the difference?)

ASAP? This is your first post, and you directly order FReepers to an immediate response...go pull your ego's lower lip over your head and swallow.

6 posted on 07/13/2005 10:16:20 AM PDT by Treader (Hillary's dark smile is reminiscent of Stalin's inhuman grin...)

Your dad has "implied" powers, as in when your mom says "Wait til your father gets home"

Your mom has "expressed" powers as in "Get me a switch from that tree in the back yard".

BTW...welcome to FR.
In before the Zot & Ban ?

7 posted on 07/13/2005 10:16:44 AM PDT by stylin19a (Suicide bomber ??? "I came to the wrong jihad")

What are you implying?

I think the viking kitties are going to express your entrails.

8 posted on 07/13/2005 10:23:19 AM PDT by Fierce Allegiance (This ain't your granddaddy's America!)

In Constitutional law, express powers are specifically given to the government (state or federal). For example, Article I, section 8, clause 7 expressly gives Congress the power to "establish Post Offices and post Roads." Thus, government's express powers are written in black & white in its founding documents.

Implied powers are powers that derive from the express powers. McCulloch v. Maryland was the seminal case regarding the implied power of Congress to incorporate a bank. A good example of an implied power is the payment of wages for Post Office employees. Article I, section 8, clause 7 does not expressly provide for the employment of mailmen, but it would make little sense to have a Post Office without workers. Thus, the power to employ such workers can be implied from pairing Article I, section 8, clause 7 with the "Necessary and Proper" clause (Article I, section 8, clause 18).

Before my fellow FReepers start flaming me, let me point out that what I have written is merely the analysis followed by the federal courts. It does not necessarily express my opinion (positive or negative) regarding implied powers jurisprudence.

9 posted on 07/13/2005 10:25:11 AM PDT by hispanichoosier

To: Elisheva; MeekOneGOP

10 posted on 07/13/2005 10:27:44 AM PDT by Dashing Dasher (Love all, trust a few, do wrong to none.... William Shakespeare)

11 posted on 07/13/2005 10:27:51 AM PDT by hlmencken3 ("...politics is a religion substitute for liberals and they can't stand the competition")

Constitutional Questions for $1000, Alex.

13 posted on 07/13/2005 10:35:22 AM PDT by stainlessbanner

Hmmmmmmmmmmmmmmmmm.

Too little time, so much fun to be had.

16 posted on 07/13/2005 11:39:05 AM PDT by msf92497 (My brain is "twitchy")

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