The Implied Powers of Congress

In the United States federal government, the term â€Å"implied powers† applies to those powers exercised by Congress that are not expressly granted to it by the Constitution but are deemed â€Å"necessary and proper† to effectively execute those constitutionally granted powers. Key Takeaways: Implied Powers of Congress An implied power is a power that Congress exercises despite not being expressly granted it by Article I, Section 8 of the U.S. Constitution.Implied powers come from the Constitution’s â€Å"Elastic Clause,† which grants Congress power to pass any laws considered â€Å"necessary and proper† for effectively exercising its â€Å"enumerated† powers.Laws enacted under the implied powers doctrine and justified by the Elastic Clause are often controversial and hotly debated. How can Congress pass laws that the U.S. Constitution does not specifically give it the power to pass? Article I, Section 8 of the Constitution grants Congress a very specific set of powers known as â€Å"expressed† or â€Å"enumerated† powers representing the basis of America’s system of federalism — the division and sharing of powers between the central government and the state governments. In a historic example of implied powers, when Congress created the First Bank of the United States in 1791, President George Washington asked Treasury Secretary Alexander Hamilton to defend the action over the objections of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph. In a classic argument for implied powers, Hamilton explained that the sovereign duties of any government implied that the government reserved the right to use whatever powers necessary to carry out those duties. Hamilton further argued that the â€Å"general welfare† and the â€Å"necessary and proper† clauses of the Constitution gave the document the elasticity sought by its framers. Convinced by Hamiltons argument, President Washington signed the banking bill into law. In 1816, Chief Justice John Marshall cited Hamilton’s 1791 argument for implied powers in the Supreme Court’s decision in McCulloch v. Maryland upholding a bill passed by Congress creating the Second Bank of the United States. Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated. The ‘Elastic Clause’ Congress, however, draws its often controversial implied power to pass apparently unspecified laws from Article I, Section 8, Clause 18, which grants Congress the power, â€Å"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.† This so-called â€Å"Necessary and Proper Clause† or â€Å"Elastic Clause† grants Congress powers, while not specifically listed in the Constitution, that are assumed to be necessary to implement the 27 powers named in Article I. bauhaus1000 / Getty Images A few examples of how Congress has exercised its wide-ranging implied powers granted by Article I, Section 8, Clause 18 include: Gun Control Laws: In clearly its most controversial use of implied powers, Congress has been passing laws limiting the sale and possession of firearms since 1927. While such laws may seem to be at odds with the Second Amendment ensuring the right to â€Å"keep and bear arms,† Congress has consistently cited its expressed power to regulate interstate commerce granted to it by Article I, Section 8, Clause 3, commonly called the â€Å"Commerce Clause,† as justification for passing gun control laws.Federal Minimum Wage: Another illustration of Congress’ use of its implied power can be seen in its rather loose interpretation of the same Commerce Clause to justify its passage of the first Federal Minimum Wage law in 1938.Income Tax: While Article I gives Congress the broad specific power to â€Å"lay and collect Taxes,† Congress cited its implied powers under the Elastic Clause in passing the Revenue Act of 1861 creating the nation’s first income tax law. The Military Draft: The always controversial, but still legally mandatory military draft law was enacted to implement Congress’ expressed Article I power to â€Å"provide for the common Defense and general Welfare of the United States.†Getting Rid of the Penny: In almost every session of Congress, lawmakers consider a bill to do away with the penny, each of which costs taxpayers nearly 2-cents each to make. Should such a â€Å"penny killer† bill ever pass, Congress will have acted under its broader Article I power to â€Å"coin Money†¦Ã¢â‚¬  History of Implied Powers The concept of implied powers in the Constitution is far from new. The framers knew that the 27 expressed powers listed in Article I, Section 8 would never be adequate to anticipate all of the unforeseeable situations and issues Congress would need to address through the years. They reasoned that in its intended role as the most dominant and important part of the  government, the legislative branch would need the broadest possible lawmaking powers. As a result, the framers built the â€Å"Necessary and Proper† clause into the Constitution as a safeguard to ensure Congress the lawmaking leeway it was certain to need. Since the determination of what is and is not â€Å"necessary and proper† is subjective, the implied powers of Congress have been controversial since the earliest days of the government. The first official acknowledgment of the existence and validity of the implied powers of Congress came in a landmark decision of the Supreme Court in 1819. McCulloch v. Maryland In the McCulloch v. Maryland case, the Supreme Court was asked to rule on the constitutionality of laws passed by Congress establishing federally-regulated national banks. In the court’s majority opinion, revered Chief Justice John Marshall affirmed the doctrine of â€Å"implied powers† granting Congress powers not expressly listed in Article I of the Constitution, but â€Å"necessary and proper† to carry out those â€Å"enumerated† powers. Specifically, the court found that since the creation of banks was properly related to Congress’ expressly enumerated power to collect taxes, borrow money, and regulate interstate commerce, the bank in question was constitutional under the â€Å"Necessary and Proper Clause.† Or as John Marshall wrote, â€Å"(L)et the ends be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.† ‘Stealth Legislation’ If you find the implied powers of Congress interesting, you might also like to learn about so-called â€Å"rider bills,† a completely constitutional method often used by lawmakers to pass unpopular bills opposed by their fellow members.

The Declaration Of Independence A Vital Part Of The...

The Declaration of Independence states â€Å"that all men are created equal†. In practice, this has not always been the case, even in the United States. Since the end of World War II and the founding of the United Nations though, the global community has walked together down the path to make it a reality. As the world has walked this path, the scope has expanded beyond just men to include women and children as well. The together part of the journey must be stressed, because no one country is capable of carrying the banner of human rights and dignity on its own. That is why multilateral mechanisms have become a vital part of the global human rights regime. While there might be nations like the United States, Russia, or China that would appear to have a larger voice, there are almost 200 countries in the world. Which means it is difficult for one large nation, or any nation for that matter, to force its will upon the rest of the world. Multilateral organizations continue to play a role in impacting the spread of the global human rights regime, changing the world for the better one step at a time. The United Nations, perhaps the greatest multilateral mechanism the world has ever seen, was created with the express purpose of preventing another world war and promoting human rights across the globe. To this end, the United Nations Commission on Human Rights, or UNCHR, was created. Although it was later disbanded amid talks of corruption and the appointment of Muammar Qaddafi, theShow MoreRelatedHuman Rights And Environment Law At Crossroads Essay4440 Words   |  18 PagesThe Human Right to a Healthy Environment Dr. Preeti Pandey (Author) Asstt. 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Mobile Security and Why it’s important Free Essays

Commonplace so developers had to build in security from the start†¦. Storing surnames and passwords in plain text on the device is a rookie mistake. † (Prince, 2010) Rooting and Jail breaking is a process where users tamper with a device allowing them to bypass any restrictions that were put on the phone to prevent the end user from having access. We will write a custom essay sample on Mobile Security and Why it’s important or any similar topic only for you Order Now After rooting or Jail breaking a device the user obtains superset access rights. These rights allow for full control and customization which also makes the device more susceptible to attack. (Hang, Wright Samurai’s, 2014) Security And Why It’s Difficult Although security is an important factor in development it is sometimes hard to get developers to focus on security. Competitive pressure to deliver more functionality at a lower cost is one force that works against improving security. Grabbing market share as soon as possible also slow developers urge to improve security. (Halibut, Voss, Miller, 2011, p. 10) Many Application Developers are most concerned in an app being secure enough to not bring their system down. Therefore, fixing the security of APS is somewhat challenging. Recent reports show that up to 80% of APS fail to employ with security standards. Using data fertilization will keep devices that are lost or stolen from leaking valuable data. The Bureau of Alcohol, Tobacco, Firearms and Explosives’ Office of Science and Technology are preparing to begin its own development of mobile APS for use by employees that would be more secure than APS available to the public. (Curran, 2012) Security, What Can Be Done Mobile application security should not simply focus on data and applications. Mobile platforms are used in various new settings and impact users in ways that could never apply to a PC. An attacker could compromise systems connected to mobile devices through vulnerabilities identified at any point (Line, Hang, Wright, Samurai’s, 2014, p. 22) Some researchers focus on analysis, detection and evaluation of malicious applications while others focus on designs meant to improve data security. Controlling permission usage or isolating the execution environment is two examples of such. (Hang, Wright Samurai’s, 2014) Fortunately, the UN-trusted entry points to an application are limited to the particular platform features you choose to use and are secured in a consistent way. Android applications do not have a simple main function that always gets called when they start. Instead, their initial entry points are based on registering Activities, Services, Broadcast Receivers or Content Providers with the system (Burns, 2008, p. 5) Developers should assume that an attacker will install the device on their phone and then be able to inspect the application. By Jail breaking their phone it allows the attacker to retrieve the actual code making it easy for them to plan their attack. (Prince, 2010) Information leakage must be curtailed during the architecture phase and managed with strict controls in plowmen. Rouse, 2009, p 44) Developers need not only consider how to keep users data safe but to deal with power usage and memory consumption. You cannot allow mallard to access your applications special permissions. (Burns, 2008) In conclusion, Security for mobile devices is something users and developers need to take more seriously. Developers must understand that m aking sure an application is great is top priority but security for those applications can be Just as important. Should there be more strict submission rules for security to force developers to make security a priority? Mobile Application Developers Face Security Challenges. Retrieved August 28, 2014. Rouse, March 23, 2009, Securing Mobile Applications Illuminating Mobile Threats, HTTPS://www. Spas. Org/index. PH? Title=The_future_of_mobile:_developing_secure_mobile_applications=57231 Appendix A: Critical Thinking Six Steps Used to Draft Your Paper Compose your reflections below. Attitude towards this assignment. I was overwhelmed at first but I took a breath and just followed the suggested path in the instructions for the assignment. Step 2. Focus on the accuracy of the assumptions and conclusions. I followed the assignment instructions and highlighted them on my printed out sheet as I completed each necessary step. Step 3. Break the problems into workable parts. I broke this into easily tackled parts by following each step of the instructions. I would worry about each section at a time and tried to keep my mind off the length of the entire paper and Just worked on each section as necessary and then move onto the next. Good strategy. Step 4. Do not guess or Jump to conclusions. I printed out the material for Unit 5 Assignment and highlighted as each step was completed. I used the grading criteria to hopefully achieve a distinguished grade. Step 5. Employ meaningful self-dialogue throughout the process, including written or drawn prompts as well as spoken words. I printed out my previous â€Å"draft† from Unit 4 and further organized the information, expanding on this information also. I highlighted all referenced material to make sure I did not use the information in more than one section. I also made a lot of notes on the Unit 5 assignment instructions making sure not to forget all that I needed to do. I have a copy of this assignment open as well as to not forget the instructions. Great strategies! Step 6. Briefly describe what it felt like to go through the process. I enjoy going through the critical thinking process. It really helps me slow down and do things one at a time. Highlighting each step as I complete it and using the grading charts have really helped me in this course to not only know what is expected of me to get a distinguished grade but also so that I do not leave out vital information or miss important steps. 0 Appendix B: Critical Thinking Six Steps Used to Revise Your Paper (Unit 6) Step 1. Demonstrate a positive attitude toward solving a problem. I tried to keep a positive attitude throughout this research paper. I became a little frustrated after reading my peer reviews. I wasn’t sure that some of the suggestions I received were good. I calmed down and Just decided to ask. Step 2. Focus on the accuracy of the assumptions and conclusions. I was unsure about some of the suggestions that were given to me by my peers because of instructions that were given to us. I make sure to read all instructions and know that I’m doing what I’m supposed to but I didn’t want to completely throw my peers suggestions out so I wanted to make sure and asked. Step 3. Break the problems into workable parts. I broke this assignment into workable sections by picking one thing to focus on then going to the next. For example I started by reading everyone’s feedback. I then broke it up and went through my paper first, fixing any spelling mistakes. Next I fixed any citation mistakes that needed corrected. I went over my paper several times working I did not guess or Jump to conclusions. I read all instructions more than once to make sure I was doing what I was supposed to. When I was unsure of a peer’s suggestions I asked. Step 5. Employ meaningful self-dialogue throughout the process, including written or drawn prompts as well as spoken words. I printed out all feedback and wrote myself notes accordingly. I highlighted all adjustments/notes as I completed them to make sure I didn’t forget anything. Step 6. Briefly describe what it felt like to go through the process. I thoroughly enjoy using the critical thinking process. It helps me to ensure Vie done what is expected of me to get a good grade and understand exactly what I’m doing. Instructions when you are finished finalizing your paper for Unit 6, assignment 1 : How to cite Mobile Security and Why it’s important, Papers