Implied Powers of Congress

954 Words Jul 17th, 2018 4 Pages
The United States Congress is the legislative branch of our government made up by the Senate and the House of Representatives. Our Congress, just as all branches of our government, derives its power from the US Constitution, specifically Article 1 section 8 which outlines the specific enumerated powers of Congress. This Article also outlines the implied powers of Congress. These implied powers include all things which are deemed necessary in order for Congress to carry out the jobs assigned to it by their enumerated powers.

There are several powers expressly given to Congress in Article 1 of the constitution. These expressed powers are basically a laundry list of Congressional duties. These include, but are not limited to, the
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This clause has allowed the national government great liberties in enforcing a number of regulations,in the name of preserving their power over interstate commerce. A clear use of this power can be seen in the case of Gibbons v. Ogden(1824). In this case a dispute arose when New York granted a monopoly to Robert Livingston and Robert Fulton, which they in-turn used to license Aaron Ogden to be the sole steamboat operator between New York and New Jersey. Aaron Ogden used this as a platform to sue Thomas Gibbons who was operating a competing ferry between the two states. Gibbons argued that his license had been issued under the 1793 act of Congress and therefor was not subject to a monopoly agreement at the state level. Ogden won the initial suit and Gibbons appealed the decision to the Supreme Court. The Supreme court overturned the states ruling. During the course of the proceedings Chief Justice John Marshall helped us to further define the commerce clause as “something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.”(Gibbons v. Ogden 1824). This decision was a pivotal point in the history of the commerce clause and is one of the most widely referenced cases on this subject because it shows how this clause can work to the benefit our federalist system. While both the state and federal Government have
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