Implied Powers

George Washington's administration put meat on the bare bones of our Constitution. Some of the framers wanted the Constitution to be strictly construed, what was not specifically stated belonged to the states. Hamilton (and behind the curtain Washington) wished to strengthen the federal power and thus argued that when such and such was assigned to say the Executive Branch, the unstated powers to accomplish that "goal" were implied.

The argument has ensued from that time until now, is just how do we determine the scope and extent of those "implied powers." This turns of whether powers are needed to achieve the goal. For example, if the states have the power to provide public education, what is the necessity of the "Education Department."

Another example, the USA achieved energy independence in 2019, so what is the current purpose of the Energy Department. Clearly it has no purpose in an administration blocking domestic energy production.

Last point, the Federal Government has the responsibility to provide for the common defense, and thus the Legislature has the power to "raise and support" military forces. The Supreme Court ruled that this included the "implied" power to draft people into military service, a form of involuntary service. Never mind that the goal could be reached by sufficient reward (pay, heath benefits, educational opportunity, etc).

 

Mr. Hamilton proposed the central bank and supported this "expansion" of federal jurisdiction by asserting "implied powers." Mr. Madison and Mr. Jefferson argued (anonymously) against the implied powers claim. However, by a wide margin, the elected representatives of the people, voted for the measure, and our strong viable government was off and running.