Which term describes laws that allow Congress to carry out powers not explicitly stated in the Constitution?

Study for the UGA US/GA Constitution Exam with comprehensive flashcards and targeted multiple-choice questions. Each question includes helpful hints and detailed explanations to enhance learning. Prepare effectively for your test and ensure success!

The correct answer is "implied powers," which refers to the powers that Congress can exercise even though they are not explicitly outlined in the Constitution. This concept is rooted in the Necessary and Proper Clause (also known as the Elastic Clause) found in Article I, Section 8 of the Constitution, which grants Congress the authority to make all laws that are necessary and proper for carrying out its enumerated powers. This allows for a flexible interpretation of congressional powers, enabling Congress to adapt to the changing needs of the nation and address issues that may arise that the framers of the Constitution could not have anticipated.

The other terms do not appropriately describe this phenomenon. Delegated authority refers to powers that are specifically granted to Congress by the Constitution. An exclusivity clause typically refers to provisions that limit certain actions or decisions to a specific party or body, which does not align with the concept of implied powers. Markham loopholes is not a recognized term within the context of constitutional law or congressional powers. Thus, "implied powers" accurately captures the essence of how Congress can operate beyond its explicitly stated authorities.

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