Malcolm Rivera
Expressed powers, also known as enumerated powers, are powers explicitly granted to the federal government by the US Constitution. They are foundational building blocks of the federal government and are primarily located in Article I, Section 8 of the Constitution, which outlines the legislative powers of Congress. These powers include the power to coin money, regulate foreign and interstate commerce, declare war, grant patents and copyrights, and more. One example of an expressed power is Congress's ability to regulate interstate commerce, allowing it to manage trade between states. The interpretation and application of these powers have evolved over time, shaping the dynamic understanding of federal authority.
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What You'll Learn
The power to tax
Expressed powers, also known as "enumerated powers", are powers explicitly granted to the federal government by the US Constitution. They are listed in Article I, Section 8 of the Constitution, which outlines the legislative powers of Congress. These powers delineate the boundaries of federal authority and prevent overreach.
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The power to declare war
The Declare War Clause limits the President's power to initiate the use of military force. However, the law of the Declare War Clause is unsettled, as there have been very few judicial decisions interpreting it. The precise implications of the Declare War Clause remain unresolved, as modern hostilities typically do not begin with a formal declaration of war. The United States has fought only five "declared" wars: the War of 1812, the Mexican War, the Spanish-American War, World War I, and World War II.
While Congress has the sole power to declare war, the President has the power to direct the military as Commander-in-Chief. This division of war powers between Congress and the President requires cooperation between the two branches regarding military affairs. Nevertheless, Presidents have engaged in military operations without express Congressional consent, such as the Korean War, the Vietnam War, and the Afghanistan War of 2001.
To check the President's power to commit the United States to an armed conflict without Congressional approval, Congress passed the War Powers Resolution of 1973. This statute requires the President to communicate to Congress the committal of troops within 48 hours and to remove all troops after 60 days if Congress has not granted an extension.
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The power to coin money
The Supreme Court has interpreted this clause broadly, recognising Congress's exclusive coinage power and its authority to regulate every aspect of US currency. This includes the power to charter banks and authorise them to issue circulating notes, as well as to restrain the circulation of notes not issued under its authority. For example, in McCulloch v. Maryland (1819), the Supreme Court upheld Congress's power to charter banks and allow them to issue circulating notes.
Additionally, the power to coin money includes the authority to maintain the purity of the currency and prevent its diversion to other uses, such as defacement, melting, or exportation. This was affirmed in Ling Su Fan v. United States (1910). The Supreme Court has also upheld Congress's power to make Treasury notes legal tender for satisfying debts, as seen in Legal Tender Cases (Knox v. Lee, 1871) and Juilliard v. Greenman (1884).
Furthermore, Congress has the power to regulate the use of gold and foreign currencies in contracts. In Norman v. Baltimore & Ohio R.R. (1935), the Supreme Court upheld Congress's authority to abrogate clauses in pre-existing contracts requiring payment in gold coin or allowing payment in foreign currencies. However, the Supreme Court has also held that Congress cannot unilaterally alter the terms of its own obligations, as seen in Guaranty Trust Co. of N.Y. v. Henwood (1939) and Perry v. United States (1935).
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The power to regulate foreign and interstate commerce
Expressed powers are specific authorities explicitly granted to the federal government by the U.S. Constitution. They are also known as "enumerated powers" and are primarily listed in Article I, Section 8 of the Constitution, which outlines the legislative powers of Congress.
The power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" is one of the enumerated powers granted to Congress by the U.S. Constitution. This power, known as the Commerce Clause, emerged as a response to the absence of any federal commerce power under the Articles of Confederation. The Commerce Clause is one of the most fundamental powers delegated to Congress and has been a source of long and intense political controversy.
The interpretation of the Commerce Clause has been broad, with courts interpreting it to include the power to regulate interstate navigation and intrastate activity that is part of a larger interstate commercial scheme. The Supreme Court has also held that Congress can regulate local commerce as long as it is part of a continuous "current" of commerce involving the interstate movement of goods and services. The Court has further recognised that Congress can regulate state activity under the Commerce Clause if it has a "substantial economic effect" on interstate commerce or if the "cumulative effect" of an act could impact such commerce.
The Commerce Clause has been used to justify federal drug prohibition laws under the Controlled Substances Act and to uphold the constitutionality of the National Bank, as in the case of McCulloch v. Maryland (1819). It has also been central to debates about the limits of federal power, as seen in National Federation of Independent Business v. Sebelius, where the Supreme Court held that the Commerce Clause did not authorise Congress to require individuals to purchase health insurance.
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The power to raise an army
Expressed powers, also known as "enumerated powers", are powers explicitly granted to the federal government by the US Constitution. They are listed in Article I, Section 8 of the Constitution, which outlines the legislative powers of Congress. These powers include the ability to coin money, regulate foreign and interstate commerce, declare war, and grant patents and copyrights, among others.
One example of an expressed power is the power to raise an army. This power is granted to Congress by the US Constitution, specifically in Article I, Section 8, Clause 12. This clause states that Congress has the power " [t]o raise and support Armies", but with a crucial limitation: "no Appropriation of Money to that Use shall be for a longer Term than two Years".
The Vietnam War highlighted the limits of the President's power as Commander-in-Chief to engage in war without a formal declaration of war from Congress. This led to the War Powers Resolution, which aimed to reassert Congressional control over military actions. The power to raise an army also includes the authority to regulate and maintain armed forces, as seen in the establishment of a separate military justice system with its own laws, courts, and procedures.
The Supreme Court has played a crucial role in interpreting and upholding the power to raise an army. In cases such as United States v. O'Brien, the Court affirmed Congress's "broad constitutional power" to raise and regulate armies and navies, including the power to classify and conscript manpower for military service. However, the Court has also acknowledged the limitations on this power, such as the restriction on appropriations for raising and supporting armies to a period of two years.
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Frequently asked questions
Expressed powers are specific authorities explicitly granted to the federal government by the U.S. Constitution.
Expressed powers are primarily found in Article I, Section 8 of the U.S. Constitution.
An example of an expressed power is Congress's ability to regulate interstate commerce, which allows it to manage trade between states.
Other examples of expressed powers include the power to tax, the power to borrow money, the power to declare war, and the power to grant patents and copyrights.
Expressed powers are important because they delineate the boundaries of federal authority and prevent government overreach. They provide a clear foundation for federal authority and are essential for the functioning of the federal government.
