âIf I was to take that fee off of your paperwork, Iâd have to send a check to every person Iâve ever sold a motorcycle to and reimburse them for that fee. Itâs the law,â said our dealer. But you still have the ability to talk your way out of them, it just has to be on the paperwork.
An example of implied power is when Congress passes legislation on national health care based on the power granted to Congress by the Constitution to collect taxes and provide for the common defense and general welfare of the United States.
Enumerated powers, or the expressed powers, are powers the Constitution explicitly grants to Congress, including the power to declare war and levy taxes. Implied Powers. Article I, Section 8, of the Constitution also contains the necessary and proper clause, or the elastic clause, which gives Congress extra powers. As interpreted by the Supreme Court in McCulloch v. Maryland (1819), this clause means that Congress can assume other powers and pass laws in order to fulfill its duties.