Jonah Patel
The Expressed Powers of the United States government, also known as Enumerated Powers, are those that are explicitly outlined in the Constitution. Most of these powers are found in Article 1, Section 8, which includes 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 limits the powers of Congress to those expressed in the Constitution, and the Necessary and Proper Clause allows Congress to stretch its powers to fit its needs.
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What You'll Learn
Article I, Section 8 of the Constitution
Article I, Section 8 of the US Constitution outlines the powers granted to the United States Congress. It specifies the powers of Congress in great detail, and these powers are limited to those listed and those deemed "necessary and proper" to execute them. All other lawmaking powers are reserved for the states.
Article I, Section 8 grants Congress the power to lay and collect taxes, duties, imposts, and excises to fund the country's debts and provide for the common defence and general welfare of the United States. It also empowers Congress to regulate commerce with foreign nations, among the states, and with the Indian Tribes. Additionally, Congress is responsible for establishing uniform rules for naturalization and bankruptcy laws throughout the country.
This section of the Constitution also addresses intellectual property rights, granting Congress the power to secure for limited times the exclusive rights of authors and inventors to their respective writings and discoveries. Congress is also tasked with defining and punishing piracies, felonies committed on the high seas, and offences against the Law of Nations. It has the authority to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Furthermore, Article I, Section 8 empowers Congress to raise and support armies, with the stipulation that no appropriation of money for this purpose shall exceed two years. Congress also has the power to establish a federal district to serve as the national capital and administer that district exclusively. Additionally, Congress can make laws necessary to execute its enumerated powers and other vested powers.
It's worth noting that Section 9 of the Constitution places limits on Congress's powers, banning certain practices such as bills of attainder. Similarly, Section 10 restricts the states from entering into alliances with foreign powers, impairing contracts, taxing imports or exports excessively, maintaining standing armies, or engaging in war without congressional consent.
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Enumerated Powers
The delegates to the Constitutional Convention in 1788 determined that it was necessary to identify the limitations of power being granted to the federal government. As a result, the Constitution grants enumerated powers to each of the three branches of government.
Article 1, Section 8 of the Constitution provides a complete list of the enumerated powers granted to the Legislative branch. These include the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the defence of the United States, to regulate commerce with foreign nations and among the states, to coin money, to establish post offices and post roads, and to raise and support armies.
Article 2, Section 2 grants the Executive Branch specific enumerated powers. These include the power of the President to act as Commander-in-Chief of the armed forces, to grant pardons and reprieves, to negotiate and make treaties with foreign nations (with the consent of the Senate), and to appoint ambassadors, ministers, consuls, and Supreme Court justices.
The Judicial branch's enumerated powers are defined in Article 3.
The Tenth Amendment limits the powers of Congress to those expressly stated in the Constitution, reserving all other powers to the states or the people. This amendment is important in maintaining the balance of power between the federal government and the states.
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Congressional Powers
The Expressed Powers of Congress are outlined in the Constitution, specifically in Article I, which grants Congress its powers. Article I, Section 8 provides a list of these powers, which include:
- The power to lay and collect taxes, duties, imposts, and excises to provide for the common defence and general welfare of the United States.
- The power to borrow money on the credit of the United States.
- The power to regulate commerce with foreign nations, among the several states, and with Indian Tribes.
- The power to establish uniform rules of naturalization and uniform laws on bankruptcy throughout the United States.
- The power to coin money, regulate its value, and fix the standard of weights and measures.
- The power to provide for the punishment of counterfeiting.
- The power to promote the progress of science and useful arts by securing for limited times the exclusive rights of authors and inventors to their respective writings and discoveries.
- The power to define and punish piracies, felonies committed on the high seas, and offences against the law of nations.
- The power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
- The power to raise and support armies, although no appropriation of money for this use shall be for longer than two years.
- The power to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions.
- The power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the Government of the United States.
The Tenth Amendment limits the powers of Congress to those expressly granted in the Constitution, reserving all other powers to the states or the people. This prevents a strong federal government from overreaching into areas that are the sole domain of each state. However, the General Welfare Clause permits Congress to create any tax and spend money on any program that serves the general welfare of the citizens of the states.
Congress is the central law-making body of the United States, and it can override presidential vetoes. It has the power to investigate the executive and judicial branches, create new legislation, and gather information. Congress can also delegate its legislative powers to other branches of the federal government, although it must provide intelligible principles to guide the use of discretion.
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Implied Powers
The US Constitution grants Congress a specific set of powers known as "expressed" or "enumerated" powers. These are outlined in Article I, Section 8, which contains 18 clauses detailing the powers of the legislative branch (Congress). These powers include the ability to coin money, regulate foreign and interstate commerce, declare war, raise an army and navy, collect taxes, and more.
However, the Framers of the Constitution also understood the need for flexibility, granting Congress implied powers in addition to its explicit enumerated powers. Implied powers are those that can reasonably be assumed to flow from express powers, though not explicitly mentioned. They are considered necessary to fulfill governmental duties and are often derived from the "Necessary and Proper Clause" or "Elastic Clause" (Article I, Section 8, Clause 18). This clause grants Congress the power 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."
This clause allows Congress to pass laws that may not be specifically outlined in the Constitution but are assumed to be necessary to implement the 27 powers named in Article I. For example, the power to regulate interstate commerce has been used to justify setting a federal minimum wage and creating gun control laws.
The interpretation of what is "necessary and proper" is subjective and open to debate. The implied powers of Congress can be seen as both beneficial and detrimental to the nation due to their broad and vague nature. One example of the controversy surrounding implied powers is the creation of the First Bank of the United States in 1791. President George Washington defended the action, arguing that the sovereign duties of any government implied the right to use whatever powers necessary to carry out those duties.
Another instance of implied powers in action was during the Louisiana Purchase in 1803. James Monroe was sent to France to negotiate the purchase of the port of New Orleans and parts of Florida, with a spending cap of $10 million. However, an agreement was reached to purchase the entirety of continental French territory for $15 million, exceeding the authorized budget. While the decision was ultimately popular, it raised questions about whether Monroe had the legal authority to negotiate the price without congressional approval.
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Presidential Powers
The US Constitution outlines the powers of the president in Article II, which is divided into sections.
Section 1 of Article II establishes the election of the President, including the establishment of the electoral college, and sets out the qualifications of the President, the oath of office, and compensation.
Section 2 of Article II defines specific presidential powers and duties. This includes the Commander in Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power. The President also has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. The Pardon power is one of the most commonly used clemency powers, with the other being commutation. A pardon is an official forgiveness for a crime, and once issued, waives all punishment.
Section 2 also outlines powers that the President shares with Congress, such as the treaty-making power and the appointment power. The President has the power to make treaties with the advice and consent of the Senate, and to nominate ambassadors and other officials with the advice and consent of Congress. The President also has the power to unilaterally make temporary appointments during Senate recess.
Section 3 of Article II requires the President to provide Congress with information on the state of the union and authorizes the President to recommend legislative measures. In extraordinary circumstances, the President may also convene or adjourn Congress. The President is also granted the power to receive ambassadors and other public ministers.
Additionally, the President has the power to approve or veto legislation, although Congress can override vetoes with a two-thirds vote in both the House and the Senate. The President also has the power to commission the officers of the United States and to exclude aliens, as this is inherent in the executive power to control foreign affairs.
While the President is the federal official primarily responsible for relations with foreign nations, the Constitution does not expressly grant the President additional powers in times of national emergency.
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Frequently asked questions
Expressed Powers, also known as Enumerated Powers, are rights given to Congress to conduct governmental duties.
Most of the Expressed Powers are found in Article 1, Section 8 of the United States Constitution.
Examples of Expressed 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, and raise and support an Army and Navy.
