implied power
[ɪmˈplaɪd ˈpaʊər]
nounpl: implied powers
poder implícito
1. A power or authority that is not explicitly stated or written but is inferred to be necessary to execute an explicitly granted power, particularly in constitutional or legal contexts
The president's implied power to conduct foreign policy derives from the explicit power to make treaties.
O poder implícito do presidente de conduzir política externa é derivado do poder explícito de fazer tratados.
2. In U.S. constitutional law, powers granted to the federal government that are necessary and proper to carry out the enumerated powers listed in the Constitution
Congress has implied powers under the Necessary and Proper Clause to regulate interstate commerce.
O Congresso tem poderes implícitos sob a Cláusula Necessária e Apropriada para regular o comércio interestadual.
This is a distinctly American legal and constitutional concept that became central to U.S. law through Chief Justice John Marshall's decision in McCulloch v. Maryland (1819). It represents the principle that governments possess powers necessary to fulfill their explicit constitutional duties, even if not directly stated. This concept is primarily studied in Brazilian law schools when analyzing comparative constitutional law and American federalism. The term is not as prominent in traditional Portuguese legal systems, which rely more heavily on civil law traditions with explicit statutory codification.
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