Is there a Legislative power in fact, not expressly…
“Is there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power?”
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Constitutional powers not explicitly prohibited may be exercised if judicial doctrine allows.
In simple terms: Unspecified powers can be used if courts permit.
Key Takeaway
Understand constitutional limits.
Themes
law
government
interpretation
Mood
analytical
serious
Type
legal
philosophical
When to use this quote
- legislative drafting
- policy making
- legal analysis
- civil rights
Key Concepts
constitutional law
judicial review
Questions to Reflect On
- How should courts balance flexibility and restraint?
- What safeguards exist?
A Different Perspective
Ambiguity can lead to abuse of power.