Enumerated Powers: An Example And Its Significance

Enumerated powers are those that are explicitly identified in a constitution and define the limits of power for each branch of a federal government. They are granted to ensure that no branch of government has more power than another and to provide a system of checks and balances. An example of an enumerated power is found in Article 1, Section 8 of the US Constitution, which outlines the powers of the Legislative branch. These include the power to coin money, establish post offices, regulate interstate and international commerce, and raise and support armies. The interpretation of these powers has been controversial, with strict constructionists arguing for a limited interpretation, while loose constructionists believe it is up to Congress to determine the means necessary to execute these powers.

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The power to lay and collect taxes

Enumerated powers are those specifically granted to the US Congress by the Constitution. They are contrasted with implied powers, which are not specifically stated in the Constitution but may be inferred from the Necessary and Proper Clause (Clause 8). This clause gives Congress the right to:

> "...make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

> "...lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States..."

This clause grants Congress broad authority to impose and collect taxes, including income taxes, to fund federal debts, the common defence, and the general welfare of the country. The Sixteenth Amendment further specifies that Congress has the power to collect income taxes without apportionment among the states.

The scope of Congress's taxing power has been interpreted and shaped by various judicial decisions. For example, in Bailey v. Drexel Furniture Co. (1922), the Supreme Court upheld the taxing power's exhaustive nature, stating that it:

> "...reaches every subject... or that it embraces every conceivable power of taxation."

However, the Court has also placed limitations on how taxes are imposed, the objects for which they are levied, and the subject matter of taxation. In United States v. Constantine (1935), the Court ruled that Congress could not use taxes as penalties to regulate activities it could not directly control through its enumerated powers.

The taxing power has been a subject of debate, with some arguing for strict constructionist and loose constructionist interpretations. Strict constructionists believe Congress can only make laws if failing to do so would cripple its ability to execute an enumerated power. In contrast, loose constructionists advocate for more flexibility in Congress's discretion.

The power to regulate commerce

Enumerated powers are those specifically granted to the US Congress by the Constitution. One such power is the power to regulate commerce, which falls under Article I, Section 8, Clause 3 of the US Constitution, also known as the Commerce Clause. This clause grants Congress the authority to regulate interstate and foreign commerce.

The Commerce Clause gives Congress the ability to oversee commercial trade between individuals or entities in one state and those outside of that state. This includes commerce with foreign nations, among the various states, and with Native American tribes. The clause has been interpreted broadly, and its scope has expanded over time alongside the growing complexity of the US economy. It has become one of the broadest bases for the exercise of congressional powers, underpinning a significant portion of the laws passed by Congress in the last 50 years.

However, the interpretation and application of the Commerce Clause have been subject to debate and legal challenges. The Supreme Court, in cases such as United States v. Lopez and United States v. Morrison, ruled that certain laws, such as those regarding gun possession and sexual violence, were beyond Congress's authority to regulate commerce. These decisions highlighted the limits of congressional power under the Commerce Clause.

Additionally, in the case of National Federation of Business v. Sebelius, the Court found that the Commerce Clause did not authorize Congress to mandate the purchase of health insurance. Instead, the Court upheld the mandate under Congress's taxing authority. This case demonstrated the importance of interpreting the Commerce Clause in conjunction with other constitutional provisions, such as the taxing power.

The interpretation of the Commerce Clause has evolved over time, and it continues to be a subject of legal and political discussion, with proposals like the Enumerated Powers Act seeking to clarify and constrain the exercise of congressional power.

The power to coin money

Throughout history, the power to coin money has been a significant tool for governments to maintain economic control and sovereignty. Before the adoption of the Constitution, the individual colonies and states issued their own coins, leading to a lack of uniformity and stability in the monetary system. By granting this power exclusively to Congress, the Founding Fathers aimed to create a uniform and reliable currency that would facilitate interstate commerce and promote economic stability.

This enumerated power has allowed Congress to establish a consistent and trustworthy monetary system in the United States. It has enabled the federal government to regulate the value of currency, ensuring that it retains its purchasing power over time. Additionally, this power has provided Congress with the authority to introduce new denominations and designs of coins to meet the needs of a growing and changing economy.

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The power to establish post offices

Enumerated powers are those specifically granted to the US Congress by the Constitution. The Constitution creates a federal government of enumerated powers, which means that the government can only exercise the powers granted to it.

One such enumerated power is the power to establish post offices and postal roads. This power is derived from Article I, Section 8, Clause 7 of the US Constitution, also known as the Postal Clause. The Postal Clause states that "The Congress shall have Power... To establish Post Offices and post Roads".

The Framers' understanding of postal services was influenced by their experiences with the British postal system, from which they adopted terms like "posts", "post roads", "postmaster", and "post offices". The British imported their postal system to Colonial America in 1692, when they appointed a postmaster for the colonies.

Over the years, the US Supreme Court has helped shape the understanding of the Postal Clause and has recognised implied powers in this Clause, such as protecting the mail and excluding certain items from being mailed through the USPS. For example, in Ex-Parte Jackson, the Court examined Congress's power to exclude obscene, lewd, or lascivious books, pamphlets, and other indecent materials from being mailed through the USPS.

The power to declare war

Enumerated powers are those specifically granted to the US Congress by the Constitution. The Constitution creates a federal government of enumerated powers, and these are listed in Article I, Section 8.

One of the powers enumerated in Article I, Section 8, Clause 11, is the power to declare war. This is a key check on the President's power, and it is a significant power, as the ability to declare war is often seen as a component of a government's supreme power.

However, the Declare War Clause has been interpreted in different ways, and its precise implications remain unresolved. While it is generally accepted that the President cannot begin hostilities without Congress's approval, modern hostilities do not usually start with a formal declaration of war. The US has fought only five "declared" wars: the War of 1812, the Mexican War, the Spanish-American War, World War I, and World War II.

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