Final answer:
Implied Denied Powers are those powers that the federal government cannot assume because they are neither enumerated in the Constitution nor implied through the necessary and proper clause. The Tenth Amendment clarifies this by reserving such powers to the states or the people, ensuring a balance between federal and state authority.
Step-by-step explanation:
Implied Denied Powers are powers the federal government does not possess because they are not Constitutionally assigned, implied, or necessary for its functioning. The U.S. Constitution, particularly through the Tenth Amendment, specifies that powers not delegated to the United States nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus, these powers are either exclusively state powers or powers of the citizens themselves.
In some cases, certain powers are expressly denied both to the federal government and the state governments, such as denying the right to a trial by jury for people accused of crimes or granting titles of nobility. The construction of the Constitution, through the elastic clause which is found in Article I, Section 8, implies certain powers for the federal government. However, where this clause does not extend, such powers are implicitly denied to the federal government. This is vital for maintaining a balance between national authority and states’ rights.
The elastic clause also supports Congress in creating necessary and proper laws to execute its delegated powers, leading to controversial applications of federal authority, such as regulations over healthcare and taxes. However, any abuse of the elastic clause to overextend federal power could be interpreted as creating implied denied powers, as they would overreach into territories deemed to be the province of the states or the people.
The framework of federalism is thus a complex interplay of expressed powers, implied powers, and denied powers, with the latter including both explicitly and implicitly denied powers to maintain a federal balance.