The branch of government that operates using implied powers not clearly granted to them in the Constitution is the **Legislative branch**.
Here's why:
1. The Legislative branch, which consists of the Congress (the Senate and the House of Representatives), is granted specific powers in the Constitution under Article I. However, the concept of implied powers comes from the "necessary and proper" clause, also known as the elastic clause, found in Article I, Section 8 of the Constitution. This clause gives Congress the authority to make laws that are necessary and proper for carrying out its enumerated powers. Through this clause, Congress can exercise powers that are not explicitly listed in the Constitution but are deemed necessary to fulfill its duties.
2. An example of implied powers exercised by the Legislative branch is the creation of the national bank. Although not explicitly mentioned in the Constitution, Congress established the First Bank of the United States in 1791 under the belief that it was necessary and proper for managing the government's finances and regulating the economy.
Therefore, the Legislative branch operates using implied powers that extend beyond those specifically granted in the Constitution, allowing Congress to address issues and make laws that may not have been foreseen by the framers of the Constitution.