Eleanor Finch
The Enumerated Powers, also known as Expressed Powers, refer to the rights granted to the US Congress to conduct governmental duties. These powers are outlined in the Constitution, with most of them listed in Article 1, Section 8. The Tenth Amendment limits Congress's powers to those expressed in the Constitution, and the document also outlines various other limitations on Congress. These Enumerated Powers include the ability to lay and collect taxes, regulate commerce, coin money, establish post offices, and declare war. The interpretation of these powers has been a source of debate, with Congress and the Supreme Court deriving implied powers from them.
| Characteristics | Values |
|---|---|
| Expressed Powers (Enumerated Powers) | Rights given to Congress to conduct governmental duties |
| Number of Expressed Powers | 18 |
| Where are they found | Article 1, Section 8 of the U.S. Constitution |
| Examples | Lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, raise and support an Army and Navy |
| Implied Powers | Not specifically stated in the Constitution but may be inferred from the Necessary and Proper Clause |
| Limitation | The Tenth Amendment limits the powers of Congress to those expressed in the Constitution |
| Interpretation | Congress and the Supreme Court have broadly interpreted the Enumerated Powers |
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What You'll Learn
The right to tax
The interpretation of the Taxing Clause has been a matter of debate, with some arguing that it is limited to the power to tax incomes, while others argue that it includes the power to regulate behaviour through monetary payments. The Supreme Court has suggested that redress for misuse of the taxing power lies with the political process, where citizens can vote politicians out of office.
The power to tax has been used to impose a federal income tax, with the 16th Amendment of 1913 establishing Congress's right to do so. This amendment was passed by Congress in 1909 and ratified in 1913, and it had far-reaching social and economic impacts. The income tax amendment became part of the Constitution through a series of political manoeuvres and changed the American way of life.
In conclusion, the right to tax is an important expressed power of Congress, enabling the government to collect taxes for various purposes while also being subject to limitations to protect individual rights.
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Regulating commerce
The US Constitution's Expressed Powers, also known as Enumerated Powers, are rights given to Congress to conduct governmental duties. Most of these powers are found in Article 1, Section 8 of the Constitution. The Tenth Amendment limits the powers of Congress to those expressed in the Constitution.
One of the Enumerated Powers is the Commerce Clause, which grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause is found in Article 1, Section 8, Clause 3 of the Constitution. The Commerce Clause has been interpreted to mean that Congress has the power to regulate not only interstate commerce but also intrastate commerce that substantially affects interstate commerce. This interpretation has been supported by Supreme Court cases such as Gibbons v. Ogden in 1824 and Swift and Company v. United States in 1905.
The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, leading to controversy regarding the balance of power between the federal government and the states. The interpretation of the Commerce Clause has been a subject of debate, with some arguing that it refers simply to trade or exchange, while others claim that it describes a broader concept of commercial and social intercourse between citizens of different states.
The power to regulate commerce includes the ability to impose tariffs to encourage people and businesses to purchase goods within the country. Additionally, the Commerce Clause has been used to justify the introduction of a federal minimum wage and gun control legislation. However, in some cases, such as United States v. Lopez in 1995, the Supreme Court has held that Congress exceeded its power under the Commerce Clause by passing the Gun-Free School Zone Act.
In conclusion, the Commerce Clause grants Congress significant power to regulate commerce, both domestic and international. This power has been interpreted broadly by the Supreme Court, allowing Congress to legislate on intrastate commerce that affects interstate commerce. However, there are also limits to this power, as demonstrated by court cases such as United States v. Lopez. The interpretation and application of the Commerce Clause continue to be a subject of debate and ongoing controversy.
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Raising and supporting an Army and Navy
The Constitution of the United States grants the federal government Enumerated Powers, also known as Expressed Powers, Explicit Powers, or Delegated Powers. These powers are rights given to Congress to conduct governmental duties. Most of these powers are listed in Article I, Section 8 of the Constitution.
One of these expressed powers is the power to raise and support an Army and Navy. This power is derived from the Constitution's grant of authority to Congress to "provide for the common Defence and general Welfare of the United States." This power has been interpreted broadly by Congress and the Supreme Court, who have derived many implied powers from the Enumerated Powers.
The power to raise and support an Army and Navy has been a controversial issue throughout US history. During the Revolutionary War, at least nine states sanctioned compulsory military service. In 1812, James Monroe, the Secretary of War, proposed conscription for the army, but peace was declared before the bill could be enacted. A compulsory draft law was adopted in 1863 without being challenged in federal courts. However, the Selective Service Act of 1917 was attacked on several grounds, including that it deprived states of their right to a "well-regulated militia" and imposed involuntary servitude in violation of the Thirteenth Amendment. The Supreme Court rejected these contentions, upholding Congress's power to mobilize an army as distinct from its authority to call the militia.
The framers of the Constitution included a limitation on the power to raise and support armies, stating that "no appropriation of money to that use shall be for a longer term than two years." This limitation was prompted by the fear of standing armies. In 1904, Solicitor-General Hoyt ruled that this limitation did not extend to appropriations for the various means an army may use in military operations or for common defense. This ruling was reaffirmed by Attorney General Clark in 1948.
The power to raise and support an Army and Navy is just one of the many Expressed Powers granted to Congress by the Constitution. These powers allow Congress to conduct governmental duties and provide for the defence and welfare of the United States.
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The power to declare war
The US Constitution grants Congress the power to declare war, as outlined in Article I, Section 8. This power, known as the Declare War Clause, gives Congress the exclusive authority to formally and informally declare war. Formally declaring war involves issuing an official declaration of war, while informal declarations authorise hostile attacks without a formal statement.
The Declare War Clause is an important limitation on the President's power to initiate military force. While the President is the Commander-in-Chief and has the authority to use defensive force in response to attacks, the Declare War Clause reserves the power to declare war solely to Congress. This clause ensures that the potentially momentous consequences of initiating armed hostilities require the concurrence of the President and both Houses of Congress.
Throughout US history, there has been debate over the interpretation of the Declare War Clause and the extent of the President's independent authority to use military force. Some argue that the President has the power to respond to attacks, including with offensive force, without requiring a formal declaration of war. Others contend that the President's power is limited to defensive actions until Congress authorises further action.
The interpretation of the Declare War Clause has evolved over time, with modern hostilities rarely beginning with a formal declaration of war. Instead, authorisations for the use of force can be specific or open-ended, and Presidents have claimed authorisation from indirect congressional actions or even the failure to object to ongoing hostilities. As a result, there is debate over how many wars have been officially declared by Congress.
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The power to coin money
The Constitution grants Congress the exclusive power to coin money and regulate its value, as confirmed by the Supreme Court in Houston v. Moore (1820) and Sturges v. Crowninshield (1819). This power also includes the authority to regulate every phase of currency, such as chartering banks and authorising them to issue circulating notes. Congress can also restrain the circulation of notes not issued under its authority. For example, in Guaranty Trust Co. of N.Y. v. Henwood (1939), the Supreme Court held that Congress could levy taxes on banknotes issued by state banks or "municipal corporations".
In addition to the power to coin money, Congress also has the power to punish counterfeiting. This includes the power to prohibit the creation and use of counterfeit coins or money, as well as the power to regulate its use in financial transactions. The Necessary and Proper Clause has been interpreted to grant Congress the power to pass federal laws necessary for carrying out its powers, including the power to punish crimes related to counterfeiting.
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Frequently asked questions
Expressed Powers, also known as Enumerated Powers, refer to the rights given to Congress to conduct governmental duties.
The Expressed Powers are outlined in Article 1, Section 8 of the United States Constitution.
There are 18 Expressed Powers listed in Article 1, Section 8.
Examples of Expressed Powers include the power to lay and collect taxes, regulate commerce, coin money, establish post offices, and raise and support an Army and Navy.
Yes, the Tenth Amendment limits the powers of Congress to those expressly stated in the Constitution. Additionally, the Supreme Court has ruled on the extent of certain Expressed Powers, such as in the case of United States v. Lopez in 1995, where it held that the Gun-Free School Zone Act exceeded Congress's power to regulate commerce.
