The Framers Of The Constitution

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The framers of the Constitution predetermined that the Congress to be the foremost branch of the government. But not all the powers are enumerated in the Constitution, leaving some roof to the Supreme Court interpretation. Enumerated Powers, are the powers that are listed in the Constitution, which the Congress can hold to. Implied power is the last clause of the Article I, Section 8, of the Constitution. It states that Congress my pass any law that is “necessary and proper” in order to be able to “carry out its foregoing powers”. Banks are one of the examples in which the Congress used implied powers. In the case, McCulloch v. Maryland (1819) was held that the Second Bank of the United States is a “necessary and proper” action in order to regulate the fiscal policies and diminish the speculations maintained by other banks. Another example of implied power is the draft in the military and implied power to raise an army. The government reserves this right in order to be able to protect itself. Of course, it still has set up limits so the government does not abuse the system. The 3d Amendment protects people’s property from quartering soldiers. It states that the Third Amendment forbids the forcible housing of military personnel in a citizen’s home during peacetime and requires the process to be “prescribed by law” in times of war. (Legal Information Institute) A third example of the use of implied power is the Minimum Wage, this being also a “necessary and proper” action in

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