by alexia on July 31st, 2008

alexia

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Which situation below is the best example of an implied power? Social Security taxes are raised. Funds are appropriated for flood relief. The President pardons a convicted felon. A patent is granted for a new compute

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  • by Anonymous on November 2nd, 2009

    Anonymous

    i think its going to be funds are appropriated for flood relief

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  • by Old School on May 26th, 2010

    Old School

    The term "implied power" means that a particular governmental function is implied by the existence and normal duties of an office, but is not explicitly granted in the government charter (e.g. the US Constitution).

    Taking your examples one by one:

    Social Security taxes are raised - US Constitution Article I, Section 8 explicitly gives Congress the power to impose taxes.

    President pardons a felon - Article II, Section 2 explicitly gives the President the authority to pardon prisoners.

    A patent for a new computer - Article I, Section 8 explicitly gives Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

    Funds appropriated for food relief - Other than the "..Promote the General Welfare" clause in the preamble (which is not legally binding), there is no mention of such activities in the Constitution. Hence, the ability of the government to do this is only implied.

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  • by demund on May 26th, 2010

    demund

    social security taxes are raised

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