Malcolm Rivera
The Constitution of the United States grants certain powers to the three branches of the federal government, with the remaining powers being left to the states or the people. The Tenth Amendment, ratified in 1791, clarified that any powers not specifically given to the federal government are reserved for the states. The federal government's powers are divided between the legislative, executive, and judicial branches, with each branch having specific enumerated powers. The legislative branch, or Congress, has the power to make laws, levy taxes, regulate commerce, declare war, and more. The executive branch, led by the President, is responsible for executing the laws and has powers such as commanding the military and conducting foreign policy. The judicial branch, consisting of the federal courts, has the power to interpret the laws and resolve legal disputes. While the Constitution explicitly outlines these powers, there are also implied powers that are reasonably suggested by the document, allowing the government to adapt and function effectively.
| Characteristics | Values |
|---|---|
| Powers reasonably suggested by the Constitution | Referred to as implied powers |
| Powers granted but not explicitly spelled out in the Constitution | Derived from the elastic clause or necessary and proper clause in Article I, Section 8 |
| Enumerated powers | Powers explicitly defined in the Constitution, e.g. the power to regulate commerce |
| Reserved powers | Powers granted only to the states or the national government |
| Concurrent powers | Powers shared by both federal and state governments |
| Necessary and Proper Clause | Expands Congress's lawmaking powers, allowing them to act beyond enumerated powers |
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What You'll Learn
The Necessary and Proper Clause
> "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."
This clause grants Congress the authority to use all means deemed "necessary and proper" to execute its powers. It was not a primary focus of debate at the Constitutional Convention, but its interpretation quickly became a major issue during the ratification of the Constitution and in the early Republic. Anti-Federalists expressed concern that the clause would grant the federal government boundless power, while Federalists argued that it would only permit the execution of powers granted by the Constitution. Alexander Hamilton and James Madison supported the latter interpretation, with Madison arguing that without the clause, the Constitution would be a "dead letter".
The landmark Supreme Court case McCulloch v. Maryland (1819) interpreted the Necessary and Proper Clause as granting implied powers to Congress in addition to its enumerated powers. In this case, the Court ruled that Congress had the implied power to establish a bank, as it was a suitable instrument to aid in Congress's enumerated power to tax and spend. This case reaffirmed Hamilton's view that legislation reasonably related to express powers was constitutional.
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Enumerated powers
The enumerated powers include the power to:
- 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
- Regulate immigration and naturalization
- Regulate the currency
- Grant patents and copyrights to promote science and the arts
- Regulate interstate and foreign commerce
- Raise and regulate military forces
The Necessary and Proper Clause, also known as the Elastic Clause, gives Congress the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. This clause has been interpreted differently by strict constructionists and loose constructionists. Strict constructionists believe that Congress may make a law only if not doing so would severely hinder its ability to apply one of its enumerated powers. Loose constructionists, on the other hand, believe that Congress has more leeway in determining what is "necessary and proper" in executing its powers.
The interpretation and application of enumerated powers are not without controversy. The concept of limited government, which gained popularity during the Enlightenment, aimed to prevent the concentration of power in the hands of a monarch or ruler. However, the federalist system established by the US Constitution divides power between the national government and the states, and the broad interpretation of enumerated powers by Congress and the Supreme Court has led to concerns about the potential for unlimited national government power.
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Concurrent powers
The Tenth Amendment, ratified in 1791, specifies that every power not granted to the federal government is delegated to the state governments. In other words, if the Constitution grants a specific power to the federal government, it is its power alone, and any unenumerated power is reserved for the states. This amendment is seen as a clarification of the federal government being largely limited and enumerated.
The Ninth and Tenth Amendments, added to the Constitution in 1791, specify that inferences about the people's rights and the powers of the federal government are prohibited. The Ninth Amendment states that the Constitution is designed to make the federal government limited in its scope, so it would be incapable of any infringements on the people's liberties. The Tenth Amendment has been used to both expand and contract the authority of the federal government and has been central to the debate between federal and state power.
The Necessary and Proper Clause, also known as the Elastic Clause, found in Article I, Section 8 of the Constitution, allows Congress to make all laws deemed necessary and proper for executing its enumerated powers. This clause is the origin of implied powers, which are powers reasonably granted but not explicitly spelled out in the Constitution. For example, the Constitution does not mention the establishment of an income tax, but through implied powers, Congress created the Internal Revenue Service (IRS) to handle tax collection.
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Reserved powers
The Tenth Amendment to the U.S. Constitution is a key text when discussing reserved powers. It clarifies the dynamic between the federal government and state governments, outlining that any powers not explicitly granted to the federal government are reserved for the states. This amendment is unique in that it does not grant constitutional rights but instead acts as a rule for interpreting the Constitution.
The Tenth Amendment states 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 means that the Constitution enumerates all the powers of the federal government, and any powers not listed are reserved for the states. This includes the power to regulate public welfare and morality, which falls under states' police powers.
The Ninth Amendment is often mentioned alongside the Tenth as a companion provision. While the Tenth Amendment addresses the powers of the federal government and states, the Ninth Amendment clarifies that the Bill of Rights is not an exhaustive list of rights, and individuals may possess other fundamental rights beyond those listed. Together, these amendments provide a framework for interpreting the Constitution's division of powers and rights.
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Implied powers
The powers reasonably suggested by the US Constitution but not explicitly stated are referred to as "implied powers". These powers are derived from the "elastic clause" or "necessary and proper clause" in Article I, Section 8, which states that Congress has the authority to:
> "...make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers."
This clause allows Congress to create laws that are deemed necessary for executing its enumerated powers. For example, the Constitution does not explicitly mention the establishment of an income tax, but through implied powers, Congress was able to create the Internal Revenue Service (IRS) to handle tax collection.
The implied powers of the Constitution allow the federal government to adapt and function effectively in response to changing needs. Enumerated powers, on the other hand, are powers that are explicitly defined in the Constitution, such as the power to regulate commerce, lay and collect taxes, and provide for the common defence.
The Tenth Amendment to the Constitution, ratified in 1791, specifies that any powers not specifically granted to the federal government are reserved for the states. This amendment was designed to limit the scope of the federal government and protect against potential infringements on people's liberties. It has been used to both expand and contract the authority of the federal government and has been a core debate topic between federal and state power.
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Frequently asked questions
The powers reasonably thought to be granted but not specifically spelled out in the Constitution of the United States are referred to as implied powers. They originate from the elastic clause in Article I, Section 8, which states that Congress has the authority to "make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers".
The Constitution does not mention the establishment of an income tax, but through implied powers, Congress was able to create the Internal Revenue Service (IRS) to handle tax collection.
The powers of the state governments not specifically assigned by the Constitution or prohibited to the states are called reserved powers. The Tenth Amendment specifies that every power not granted to the federal government is delegated to state governments.
Concurrent powers are powers shared by both the federal and state governments. An example of this is the legislation for the levy of taxes at the state and federal levels.
Enumerated powers are the powers that are explicitly defined in the Constitution. An example of this is the power to regulate commerce.
