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What if there were only expressed powers in the US, Constitution and no implied powers? How would this affect Congress' power to legislate?

User Gotube
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Final answer:

Without the implied powers granted by the elastic clause of the U.S. Constitution, Congress would be limited to the exact powers enumerated by the Constitution, impeding its ability to adapt legislation to address unforeseen and modern issues effectively.

Step-by-step explanation:

If the U.S. Constitution provided for only expressed powers and no implied powers, it would significantly restrict Congress' ability to legislate. Expressed powers are those specifically listed in the Constitution; for example, the power to levy taxes, declare war and regulate interstate commerce. Without implied powers, which are powers not explicitly stated but necessary to execute expressed powers, Congress would lack the flexibility to adapt to changing needs and circumstances. Such a situation would make it challenging for Congress to address issues that the framers of the Constitution could not have foreseen, like cyber security or modern healthcare regulation.

Implied powers stem from the elastic clause, which has allowed Congress to expand its reach to effectively govern the nation. Without this authority, legislative power would be constrained to a narrow interpretation of enumerated responsibilities. Moreover, given the dynamic nature of socio-economic challenges, the absence of implied powers would limit the government's capacity to respond promptly and effectively to new national concerns.

The creation of implied powers was a constitutional provision that recognized the need for the federal government to have the capability to fulfill its role as a national authority beyond the explicit directives of the founding document. Hence, operating without implied powers would lead to a far less adaptive and responsive federal government, significantly curtailing the scope of actions Congress could undertake to meet the needs of the country.

User Spacey
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