The Law Dictionary for Everyone
The term “implied powers” refers to those powers of the U.S. government that the Constitution does not refer to by name. Instead, the government assumes the Constitution affords them these powers based on prior decisions related to them, which established precedent. An example of implied powers is Congress passing laws restricting the sale and ownership of firearms for U.S. citizens. […]
Read moreFollowing is the case brief for NFIB v. Sebelius, 132 S. Ct. 2566 (2012). Case Summary of NFIB v. Sebelius: Petitioners challenged the constitutionality of the Patient Protection and Affordable Care Act (ACA). Petitioners found fault with the ACA’s “individual mandate” (requiring people to obtain minimum health coverage), and “Medicaid expansion” (requiring States to cover more individuals under Medicaid). The Eleventh […]
Read moreThe Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. In other […]
Read moreIn framing the U.S. Constitution, the leaders of the time gave certain specific powers to Congress, reserving all other powers to the individual states. This was done in order to ensure the new government would not become an oppressive entity, such as the government they had left behind in England. These men knew, however, that they could not foresee the […]
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