Implied Powers Judicial View in the United States
Implied Powers Judicial View
Introduction to Implied Powers Judicial View
The Supreme Court of the United States has historically favored a federal government strengthened by implied powers. The high court has determined that the intent of the Constitution was to create a vigorous central government, endowed with adequate powers to carry out its responsibilities.
The Supreme Court first affirmed the principle of implied powers in 1819. In the case of McCulloch v. Maryland, the high court upheld the right of Congress to incorporate the Bank of the United States in spite of the fact that the Constitution doesn’t specifically give Congress powers related to banking or the creation of corporations. Chief Justice John Marshall favored a broad interpretation of the Constitution, writing that it was ‘intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.” (1)
Resources
Notes and References
- Information about Implied Powers Judicial View in the Encarta Online Encyclopedia