The concept of inherent powers arises from the sovereignty of a nation. A nation assumes these powers whether it was granted independent status by compact with another nation — such as the separation of Czechoslovakia into the Czech Republic and Slovakia — or through warfare, as the United States did from Great Britain. These powers are not derived from another nation. Each of the almost 200 nations around the world that are recognized as independent states has certain inherent powers, such as regulating their foreign affairs. Subdivisions within them, however, do not necessarily hold these because they are subordinate to the nation as a whole.
Using the Constitution of the United States as an example, the government that was created was given inherent rights in some matters but other rights were limited to the states or the people as express rights. The men who wrote it believed that once the nation became sovereign and was recognized as such by other nations, the United States would have the same rights as other peer nations. This included commerce and warfare.
The definition gets a little trickier when intergovernmental compacts are discussed. While the United Nations (UN) is one example of an entity that is comprised through the grace of its sovereign and independent member states, the organization conducts some of its affairs without seeking the permission of all members. This occurs either through the Security Council or UN-created agencies, such as the World Health Organization (WHO).
Some nations claim more inherent powers for themselves than others. A totalitarian state, such as North Korea, may claim the right to muzzle free speech as one of its inherent powers. Likewise, nations with a state religion, such as Saudi Arabia, claim inherent power derived through their belief in a higher spiritual authority. In most Western nations, a compact with the people defines limits to inherent government power but those limits can be tested in times of emergency.
Constitutional scholars argue over whether US President Abraham Lincoln misused and extended inherent powers in conducting the American Civil War. For example, he suspended the right of habeas corpus for a time during the hostilities. Eventually, Congress retroactively caught up with him and codified his actions as emergency measures. In more modern times, US President George W. Bush was questioned on whether he had overstepped the boundaries of the executive branch by holding US citizens as enemy combatants without trial. His argument was that Congress gave him broad powers on how to prosecute the War on Terror in the wake of the 911 attacks on American soil.
