Implied Powers History

Implied Powers History in the United States

Implied Powers History

Introduction to Implied Powers History

Whether the Constitution should be interpreted narrowly or broadly has been debated throughout American history. A narrow interpretation limits the federal government’s powers to those that are specifically described in the Constitution. A broad interpretation accommodates the principle of implied powers, allowing the federal government to expand its authority in ways not specifically described in the Constitution.

The legitimacy of implied powers was contended in the early United States. The Federalist Party, led by Alexander Hamilton, advocated a liberal interpretation of the Constitution, while Thomas Jefferson and his associates in the Democratic party argued for a strict interpretation. Those favoring greater power for individual states usually advocate the principle of strict interpretation, also called strict construction. However, even President Jefferson, who advocated strict construction, was forced to interpret the Constitution broadly after he became president. Under President Jefferson, the federal government of the United States enforced the Embargo Act, forbidding trade with Europe, and made the Louisiana Purchase. Neither of these powers was explicitly granted to the federal government in the text of the Constitution.” (1)

Resources

Notes and References

Guide to Implied Powers History


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *