Omar Bennett
The US Constitution grants Congress enumerated powers, also known as expressed, explicit, or delegated powers. These are listed in Article I, Section 8 and include the power to lay and collect taxes, pay debts, borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy. The Tenth Amendment, ratified in 1791, clarifies that any powers not specifically granted to the federal government are reserved for the states or the people. The Ninth Amendment also plays a role in defining the powers of the federal government and the rights of the people. The interpretation of these enumerated powers has been a subject of debate, with some arguing for a strict constructionist interpretation and others for a broader interpretation, allowing Congress to derive implied powers. The Supreme Court has generally interpreted the powers broadly, upholding Congress's ability to delegate power under broad standards.
| Characteristics | Values |
|---|---|
| Powers delegated to Congress | To lay and collect taxes, duties, imposts, and excises |
| To pay debts and borrow money | |
| To regulate commerce | |
| To coin money | |
| To establish post offices | |
| To protect patents and copyrights | |
| To establish lower courts | |
| To declare war | |
| To raise and support an Army and Navy | |
| To make all laws to carry out the above | |
| To dispose of and make rules for US territories and property | |
| To establish rules in the case of the death of the President or Vice President | |
| To declare the punishment for treason | |
| To admit new states into the Union | |
| Powers not delegated to Congress | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people |
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What You'll Learn
The US Constitution's delegated powers are granted to the federal government
The US Constitution grants enumerated powers, also known as expressed, explicit, or delegated powers, to the federal government. These powers are listed in Article I, Section 8, and include the power to lay and collect taxes, duties, imposts, and excises; to pay debts and provide for the common defence and general welfare of the United States; to regulate commerce; to coin money; to establish post offices; to protect patents and copyrights; to establish lower courts; to declare war; and to raise and support an Army and Navy.
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to stretch its enumerated powers to carry out its functions. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that Congress had the power to establish a national bank under the Necessary and Proper Clause to carry out its powers to collect taxes, pay debts, and borrow money.
The Tenth Amendment to the Constitution, ratified on December 15, 1791, clarifies that any powers not specifically granted to the federal government are reserved for the states or the people. This amendment has been used to both expand and contract the authority of the federal government and has been a core part of the debate between federal and state power.
The nondelegation doctrine, derived from the separation of powers and due process principles, prevents the law-making branch from divesting itself of its power and conferring it on another branch. However, this doctrine does not prevent the conferral of significant authority on the executive branch. Since 1935, the Court has approved Congress's ability to delegate power under broad standards.
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Congress has the power to lay and collect taxes
The Taxing Clause gives Congress the authority to assess, levy, and collect taxes without assistance from the states. This power is not limited to repaying Revolutionary War debts but is also prospective. Congress can levy taxes for two purposes: to pay off debts and to provide for the common defence and general welfare of the United States.
The power to tax implicitly gives Congress the power to spend the revenues to meet the objectives and goals of the government. This power to spend has been a source of continued dispute and debate since the inception of the federal government. While some interpret the Taxing Clause as giving Congress the implicit power to spend, others argue that the Necessary and Proper Clause is the actual source of Congress's spending power.
The Origination Clause of the Constitution provides that all bills for raising revenue must originate in the House of Representatives. The idea behind this clause is that the Representatives, being the most numerous branch of Congress and most closely associated with the people, know best how to generate revenues for the support of the government in the least burdensome manner.
The power to tax is considered essential to the effective administration of the government. Without it, the government would have few resources to function effectively.
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The Elastic Clause allows Congress to stretch its powers
The US Constitution contains a list of powers granted to Congress, which are known as enumerated, expressed, explicit, or delegated powers. These are listed in Article I, Section 8, and include the powers to lay and collect taxes, pay debts, borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy.
The final power on this list, also known as the Elastic Clause, allows Congress to stretch its powers. This clause states that Congress has the power to make all laws "necessary and proper" to carry out the enumerated powers. This clause has been interpreted as giving Congress implied powers in addition to the enumerated powers. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause, Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.
The broad interpretation of the Elastic Clause has allowed for expanded Congressional power. The Court has upheld Congress's ability to delegate power under broad standards, such as determining "excessive profits" during wartime, "unfair and inequitable distribution of voting power", and regulating broadcast licensing as the "public interest, convenience, or necessity require".
The Tenth Amendment to the Constitution recognizes the powers of state governments and limits Congressional power by stating that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment highlights that Congress's powers are not unlimited and that certain powers are reserved for the states or the people.
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The Tenth Amendment recognises the powers of state governments
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, recognises the powers of state governments. The text of the amendment is as follows:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Tenth Amendment makes clear that any powers not specifically given to the federal government, nor withheld from the states, are reserved for the states or the people. This amendment was designed to limit the scope of the federal government, ensuring that it could not infringe on the liberties of the people. It has been interpreted as a safeguard against federal overreach, with Supreme Court decisions invoking it to determine whether the federal government has operated within the bounds of its authority.
The Tenth Amendment is often contrasted with the Elastic Clause (also known as the Necessary and Proper Clause), which allows Congress to stretch its enumerated powers to fit its needs. While the Elastic Clause has allowed for an expansion of Congressional power, the Tenth Amendment serves as a check on federal power, emphasising the importance of federalism in the US constitutional framework.
The Tenth Amendment has been used to both expand and contract the authority of the federal government. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Tenth Amendment was invoked to rule that federal laws establishing "gun-free zones" on public school campuses were unconstitutional, as they exceeded the federal government's authority under the Commerce Clause. This case demonstrates how the Tenth Amendment can be used to protect states' rights and limit federal power.
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The Court upholds Congress's ability to delegate power
The US Constitution's Article I, Section 8 contains a list of Congress's delegated powers, including the power to lay and collect taxes, pay debts, borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy. These enumerated powers are subject to the individual rights outlined in the Bill of Rights.
The Constitution also includes limitations on Congress's powers, such as the Tenth Amendment, which states that any powers not specifically granted to the federal government are reserved for the states or the people. This amendment has been used to both expand and restrict the federal government's authority. For example, in United States v. Alfonso D. Lopez, Jr., the Tenth Amendment was invoked to limit the federal government's authority to establish "gun-free zones" on school campuses, as it was not authorised by any part of the Constitution.
The Court has upheld Congress's ability to delegate power under broad standards, approving delegations to administrative agencies to decide on issues such as "excessive profits" during wartime, "unfair and inequitable distribution of voting power", and "just and reasonable" rates. The Court has not struck down a delegation to an administrative agency since 1935, indicating a broad interpretation of Congress's power to delegate.
The nondelegation doctrine, derived from the separation of powers and due process principles, suggests that Congress cannot divest itself of its lawmaking powers by transferring them to another branch. However, this doctrine does not prevent the conferral of significant authority on the executive branch. The Court has upheld Congress's ability to delegate power as long as the delegation sufficiently marks the field within which the Administrator is to act.
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Frequently asked questions
The US Constitution's Article I, Section 8 lists Congress's delegated powers, including the power to:
- Lay and collect taxes, duties, imposts, and excises
- 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
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to stretch its enumerated powers to carry out its functions. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that Congress could establish a national bank to collect taxes, pay debts, and borrow money.
Since 1935, the Court has approved Congress's ability to delegate power under broad standards. Some examples include:
- Determining "excessive profits" during wartime
- Regulating broadcast licensing in the public interest
- Deciding on "unfair and inequitable distribution of voting power" among securities holders
The Tenth Amendment states that any powers not specifically granted to the federal government are reserved for the states or the people. This amendment has been used to limit the federal government's authority and ensure it does not overstep its bounds. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's ability to enact policies through the Commerce Clause.
