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Inherent Powers

INHERENT POWERS

INHERENT POWERS. Inherent powers are those that the Constitution has not expressly given but which "necessarily derive from an office, position, or status" of the national government (Black's Law Dictionary, 7th ed., 1999).The U.S. Supreme Court has discovered federal inherent powers to take land through eminent domain proceedings, to acquire land by discovery and occupation, to exclude or admit aliens, and to sell munitions to belligerent nations. After the Court had, during most of the twentieth century, broadly construed the commerce clause to allow expanded federal regulation, the doctrine was rarely invoked.

BIBLIOGRAPHY

Robinson, Donald L. "Inherent Powers." In The Oxford Companion to the Supreme Court. Edited by Kermit L. Hall. New York: Oxford University Press, 1992.

Stephen B.Presser

See alsoConstitution of the United States .

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