Legal Definitions - implied power

An implied power refers to an authority that is not explicitly stated in a law, constitution, or corporate charter, but is considered necessary and proper for an entity or individual to carry out its expressly granted powers or duties. It is a power that can be reasonably inferred from the explicit powers.

• Example 1: Federal Government

  The U.S. Constitution grants Congress the express power to "establish Post Offices and post Roads." While the Constitution does not explicitly state that Congress can create a national postal service, hire postal workers, or purchase delivery vehicles, these actions are considered implied powers.

  This illustrates an implied power because the ability to operate a complex postal system, involving numerous administrative and logistical tasks, is not detailed in the Constitution. However, these actions are *implied* as essential for Congress to effectively "establish Post Offices and post Roads" and ensure the delivery of mail across the nation.

• Example 2: Corporate Authority

  A company's bylaws state that its Chief Financial Officer (CFO) has the express power to "manage the company's financial assets." This express power gives the CFO the implied power to open bank accounts, invest company funds in approved securities, or negotiate lines of credit with financial institutions, even if these specific actions are not itemized in their job description.

  This demonstrates an implied power because to effectively "manage the company's financial assets," the CFO must be able to perform various financial transactions and make strategic decisions. These specific actions are not explicitly listed but are reasonably *implied* as necessary to fulfill the CFO's core responsibility.

• Example 3: Local Government Regulation

  A city council has the express power to "regulate public health and safety within its jurisdiction." Based on this, the council has the implied power to enact ordinances requiring restaurants to maintain certain hygiene standards, mandating vaccinations during a public health crisis, or establishing building codes to ensure structural integrity.

  This shows an implied power because while "regulating public health and safety" is broad, the specific measures like restaurant inspections or building codes are not explicitly detailed in the city's charter. These specific regulations are *implied* as necessary actions to effectively carry out the council's express duty to protect the well-being of its citizens.