Questions: Define implied powers and provide two examples of the implied powers of the Congress.

Implied powers are those powers of the U.S. Congress that are not explicitly stated in the Constitution but are deemed necessary and proper for executing the enumerated (or expressed) powers. These powers are derived from the Necessary and Proper Clause (also known as the Elastic Clause) found in Article I, Section 8, Clause 18 of the U.S. Constitution. This clause grants Congress the authority to pass all laws necessary and proper for carrying out the enumerated list of powers.

1. Establishing a National Bank:

   • Explanation: One of the most famous examples of implied powers is the establishment of the First Bank of the United States in 1791. Although the Constitution does not explicitly grant Congress the power to create a bank, it was argued that such a bank was necessary to manage the nation's finances, collect taxes, and regulate commerce. This was upheld in the landmark Supreme Court case McCulloch v. Maryland (1819), where Chief Justice John Marshall ruled that the creation of a national bank was a legitimate exercise of Congress's implied powers under the Necessary and Proper Clause.

2. Creating the Federal Minimum Wage:

   • Explanation: The Constitution does not explicitly grant Congress the power to set a minimum wage. However, Congress has used its power to regulate interstate commerce (an enumerated power) to justify the establishment of a federal minimum wage. The Fair Labor Standards Act of 1938, which introduced the minimum wage, was based on the idea that regulating labor standards was necessary to ensure fair competition and protect workers, thus falling under the scope of implied powers.

These examples illustrate how Congress can use its implied powers to enact legislation that supports its enumerated responsibilities, even when such actions are not specifically mentioned in the Constitution.