Enumerated powers (United States): Difference between revisions
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The '''enumerated powers''' are a list of specific responsibilities found in [[Article One of the United States Constitution|Article 1]] Section 8 of the [[United States Constitution]], which iterates the authority granted to the [[United States Congress]]. Congress may exercise only those powers that are granted to it by the Constitution, limited by the [[United States Bill of Rights|Bill of Rights]] and the [[Article One of the United States Constitution#Powers of Congress|other protections found in the Constitutional text]] |
The '''enumerated powers''' are a list of specific responsibilities found in [[Article One of the United States Constitution|Article 1]] Section 8 of the [[United States Constitution]], which iterates the authority granted to the [[United States Congress]]. Congress may exercise only those powers that are granted to it by the Constitution, limited by the [[United States Bill of Rights|Bill of Rights]] and the [[Article One of the United States Constitution#Powers of Congress|other protections found in the Constitutional text]]. |
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The classical statement of a government of enumerated powers is that by [[Chief Justice of the United States|Chief Justice]] [[John Marshall|Marshall]] in ''[[McCulloch v. Maryland]]:'' |
The classical statement of a government of enumerated powers is that by [[Chief Justice of the United States|Chief Justice]] [[John Marshall|Marshall]] in ''[[McCulloch v. Maryland]]:'' |
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On the one hand, strict [[Constitutionalist]]s believe that Congress's power should be limited to only those duties listed in the Constitution. All other powers should be vested to the people and the state governments. On the other hand, more liberal interpreters of the constitution allow for powers more tangential to those duties. Many individuals cite the Necessary and Proper and the Commerce clause as grounds for their argument. Many conservatives cite the [[Tenth Amendment to the United States Constitution|Tenth Amendment]] as grounds for their arguments. However, over time the overall trend has seen more power shifting to the Congress. This can be noted especially after the [[Great Depression]], when U.S. federal government [[New Deal]] programs imposed strict regulations on the economy. |
On the one hand, strict [[Constitutionalist]]s believe that Congress's power should be limited to only those duties listed in the Constitution. All other powers should be vested to the people and the state governments. On the other hand, more liberal interpreters of the constitution allow for powers more tangential to those duties. Many individuals cite the Necessary and Proper and the Commerce clause as grounds for their argument. Many conservatives cite the [[Tenth Amendment to the United States Constitution|Tenth Amendment]] as grounds for their arguments. However, over time the overall trend has seen more power shifting to the Congress. This can be noted especially after the [[Great Depression]], when U.S. federal government [[New Deal]] programs imposed strict regulations on the economy. |
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===The powers=== |
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Article 1 Section 8 of the Constitution lists the powers as: |
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:'''Section 8:''' The Congress shall have power |
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:To [[Taxing and Spending Clause|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; but all duties, imposts and excises shall be uniform throughout the United States; |
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:To [[United States public debt|borrow money on the credit of the United States]]; |
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:To [[Commerce Clause|regulate commerce with foreign nations]], and [[Dormant Commerce Clause|among the several states, and with the Indian tribes]]; |
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:To establish a [[United States nationality law|uniform rule of naturalization]], and uniform laws on the subject of [[Bankruptcy in the United States|bankruptcies]] throughout the United States; |
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:To [[United States Mint|coin money]], regulate the value thereof, and of foreign coin, and fix the [[National Institute of Standards and Technology|standard of weights and measures]]; |
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:To provide for the punishment of [[counterfeiting]] the securities and current coin of the United States; |
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:To establish [[United States Postal Service|post offices]] and [[post roads]]; |
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:To [[Copyright Clause|promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries]]; |
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:To constitute [[Article I tribunals|tribunals inferior]] to the [[Supreme Court of the United States|Supreme Court]]; |
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:To define and punish [[piracy|piracies]] and [[Felony|felonies]] committed on the [[International waters|high seas]], and offenses against the [[Public international law|law of nations]]; |
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:To [[Declaration of war|declare war]], grant [[Letter of marque|letters of marque and reprisal]], and make [[Prize court|rules concerning captures on land and water]]; |
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:To raise and support [[United States Army|armies]], but no [[Appropriation bill|appropriation]] of money to that use shall be for a longer term than two years; |
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:To provide and maintain a [[United States Navy|navy]]; |
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:To make rules for the government and [[Uniform Code of Military Justice|regulation of the land and naval forces]]; |
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:To provide for calling forth [[National Guard of the United States|the militia]] to [[Insurrection Act|execute the laws of the union, suppress insurrections and repel invasions]]; |
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:To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; |
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:To exercise [[District of Columbia home rule|exclusive legislation in all cases whatsoever]], over such [[Federal district|District]] (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of [[fort]]s, [[Magazine (artillery)|magazines]], [[arsenal]]s, [[Shipyard|dockyards]], and other needful buildings;—And |
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:To make all laws which shall be [[Necessary and Proper Clause|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. |
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===Necessary and Proper Clause=== |
===Necessary and Proper Clause=== |
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Revision as of 03:11, 6 October 2009
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The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which iterates the authority granted to the United States Congress. Congress may exercise only those powers that are granted to it by the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.
The classical statement of a government of enumerated powers is that by Chief Justice Marshall in McCulloch v. Maryland:
This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted.
Powers and limitations
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On the one hand, strict Constitutionalists believe that Congress's power should be limited to only those duties listed in the Constitution. All other powers should be vested to the people and the state governments. On the other hand, more liberal interpreters of the constitution allow for powers more tangential to those duties. Many individuals cite the Necessary and Proper and the Commerce clause as grounds for their argument. Many conservatives cite the Tenth Amendment as grounds for their arguments. However, over time the overall trend has seen more power shifting to the Congress. This can be noted especially after the Great Depression, when U.S. federal government New Deal programs imposed strict regulations on the economy.
Necessary and Proper Clause
Interpretation of the Necessary and Proper Clause has been controversial especially during the early years of the republic. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers. Loose constructionists, on the other hand, feel that the Necessary and Proper Clause expands the authority of Congress to all areas tangentially related to one of its enumerated powers. It is often known as the "elastic clause" because of the great amount of leeway in interpretation it allows; depending on the interpretation, it can be "stretched" to expand the powers of Congress, or allowed to "contract," limiting Congress. In practical usage, the elastic clause has been paired with the commerce clause in particular to provide the constitutional basis for a wide variety of expansive federal laws.
Tenth Amendment
The Tenth Amendment is cited as constitutional ground denying Congress the right to pass any law it sees fit. However, in the courts, the broad interpretation of the Commerce Clause has consistently trumped the arguments of those who claim that the Tenth Amendment should set substantial limits on the power of Congress.
Recent case law
The case of United States v. Lopez [1] held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce... among the several states." Chief Justice William Rehnquist wrote, "We start with first principles. The Constitution creates a Federal Government of enumerated powers." For the first time in sixty years, the Court found a federal statute to have exceeded the commerce power of Congress.
- For more details see: The Rehnquist Court and the Commerce Clause
Enumerated Powers Act
The Enumerated Powers Act, [2], is a proposed law that would require all bills introduced in the U.S. Congress to include a statement setting forth the specific constitutional authority under which the law is being enacted. In every Congress since the 104th Congress, U.S. Congressman John Shadegg has introduced the Enumerated Powers Act, although it has not been passed into law. At the beginning of the 105th Congress, the House of Representatives incorporated the substantive requirement of the Enumerated Powers Act into the House rules.[citation needed]