essay 1

The use of implied powers changed the division of power that existed before they existed because it essentially granted the division of powers more power. Implied powers are those that are not specifically stated in the constitution, but it is assumed that if ever needed, Congress or the Supreme Court has the power to add in a rule or law when necessary. Since the Founding Father’s could not anticipate every possible problem that would arise in the following decades and centuries, they had no way of creating a rule for every possible outcome. So they incorporated the enumerated powers, or the implied powers, in the event a situation did occur that was not explicity stated and covered in the Constitution. The addition of implied powers in turn made the central, or federal government more powerful because it gives them the ability to address certain, and or unusual circumstances. Implied powers also give the federal government more power than state government because the federal government is able to rule on each different scenario at their own descretion, as long as it is justifiable. The court case that allowed the use of implied powers was McCulloch versus Maryland in 1819. Basically, the case was wheather or not the government had the right to create a second natioanl bank, and that the state of Maryland could not tax the bank. It is no where blatently stated in the Constitution that have the the government just had to create a second national bank, but with the use of implied powers under the necessary and proper clause, it was deemed as justifiable.