Bar Exam Practice Questions

What are powers not explicitly mentioned in the Constitution but assumed by the federal government known as?

1. Implied powers

2. Separate powers

3. Reserved powers

4. Enumerated powers

The correct answer is: Implied powers

The powers not explicitly mentioned in the Constitution but assumed by the federal government are known as implied powers. These powers are derived from the Necessary and Proper Clause, which grants Congress the authority to make all laws deemed necessary and proper for carrying out its enumerated powers. This concept allows the government to adapt to changing circumstances and to exercise authority that is not directly stated in the Constitution, making the implied powers essential to the functional governance of the United States. Implied powers are utilized when Congress enacts laws or takes actions that go beyond those explicitly outlined in the Constitution, as long as those actions can be tied back to its enumerated powers. For example, the establishment of a national bank was justified using implied powers, even though the Constitution does not explicitly grant Congress the power to create banks. The other terms provided differ in meaning: enumerated powers refer to those specifically listed in the Constitution, reserved powers are those not delegated to the federal government and are instead reserved for the states, and separate powers is not a standard term used in this context of constitutional powers.