Question: A US legislature has over-sight of the government agency issuing a report describing the effects of antibiotic developments. What part of the supreme law not containing the phrase "Wall of separation" as pointed out by Stewart is the basis for the implied powers of this legislature?

<P0-S0> the phrase "[a] hedge or wall of separation between the garden of the church and the wilderness of the world" was first used by baptist theologian roger williams, the founder of the colony of rhode island, in his 1644 book the bloody tenent of persecution. <P0-S1> the phrase was later used by thomas jefferson as a description of the first amendment and its restriction on the legislative branch of the federal government, in an 1802 letter to the danbury baptists (a religious minority concerned about the dominant position of the congregationalist church in connecticut): <SEP> <P1-S0> The report found that over the period 1946-1955, there was a 42% drop in the incidence of diseases for which antibiotics were effective and only a 20% drop in those for which antibiotics were not effective. <P1-S1> A Federal Trade Commission report issued in 1958 attempted to quantify the effect of antibiotic development on American public health. <P1-S2> The report concluded that "it appears that the use of antibiotics, early diagnosis, and other factors have limited the epidemic spread and thus the number of these diseases which have occurred". <P1-S3> The study further examined mortality rates for eight common diseases for which antibiotics offered effective therapy (syphilis, tuberculosis, dysentery, scarlet fever, whooping cough, meningococcal infections, and pneumonia), and found a 56% decline over the same period. <P1-S4> Notable among these was a 75% decline in deaths due to tuberculosis. <SEP> <P2-S0> Executive power is vested, with exceptions and qualifications, in the President. <P2-S1> By law (Section 2.) <P2-S2> the president becomes the Commander in Chief of the Army and Navy, Militia of several states when called into service, has power to make treaties and appointments to office "with the Advice and Consent of the Senate," receive Ambassadors and Public Ministers, and "take care that the laws be faithfully executed" (Section 3.) <P2-S3> By using these words, the Constitution does not require the president to personally enforce the law; rather, officers subordinate to the president may perform such duties. <P2-S4> The Constitution empowers the president to ensure the faithful execution of the laws made by Congress and approved by the President. <P2-S5> Congress may itself terminate such appointments, by impeachment, and restrict the president. <P2-S6> Bodies such as the War Claims Commission, the Interstate Commerce Commission and the Federal Trade Commission—all quasi-judicial—often have direct Congressional oversight. <SEP> <P3-S0> Implied powers, in the United States, are powers authorized by the Constitution that, while not stated, seem implied by powers that are expressly stated. <P3-S1> When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the classic statement for implied powers. <P3-S2> Hamilton noted that the ``general welfare clause ''and the`` necessary and proper clause'' gave elasticity to the Constitution. <P3-S3> Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. <P3-S4> Although the United States government was sovereign only as to certain objects, it was impossible to define all the means it should use, because it was impossible for the founders to anticipate all future exigencies. <P3-S5> Hamilton won the argument with Washington, who signed the bank bill into law. <SEP> <P4-S0> The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." <P4-S1> The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution." <SEP> <P5-S0> for much of its history, the english common law was principally developed and administered in the central royal courts: the court of king's bench, the court of common pleas, and the exchequer. <P5-S1> equity was the name given to the law which was administered in the court of chancery. <P5-S2> the judicature reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. <P5-S3> the reforms did not effect any substantive fusion, however. <P5-S4> judicial or academic reasoning which assumes the contrary has been described as a ``fusion fallacy ''.