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To: Huck

What exactly do you imagine those “implied” powers to be?


24 posted on 05/25/2010 5:53:55 AM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: Bigun
You know and I know that the "implied powers" are an accepted part of the Constitution. This was understood at the time of ratification. The change from expressly delegated powers to delegated powers was intentional. I'm sure you're familiar with the ruckus about the first national bank of the US. Hamilton's essay on the subject covers the doctrine of implied powers thoroughly. Hamilton's thinking found its way into Marshall's opinion in McCulloch v Maryland a few years later.

It doesn't matter what I imagine them to be, or what you imagine them to be, or what Madison or Jefferson or anyone else imagined them to be. What matters is that they do exist. Who gets to decide what is and isn't an implied power? The Congress. Ultimately, federal courts can have the last word on it if it gets that far.

In short, the implied powers are whatever the Congress and the federal court say they are. Just look at the amount of powers found to be implied through the commerce clause. This goes back a long way (the Adams administration?).

Where does the national gubmint get the power to create the FDA? It's implied. How about the ATF? Implied. How about the FBI? CIA? Implied. Implied. Foreigh aid programs? Implied. On and on.

It's been this way since pretty much the very beginning.

25 posted on 05/25/2010 6:07:19 AM PDT by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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