Enumerated Powers Act

Examples of Enumerated Powers Act in the following topics:

• Oversight

  • Oversight of various federal agencies is one of Congress' enumerated powers.
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.
  • Reinforcing these powers is Congress's broad authority to make all laws that will be necessary to carry out execution the foregoing powers, all other powers vested by this Constitution in the government, or in any Department or Officer in the government.
  • The authority to oversee is derived from these constitutional powers.
  • For example, the Government Performance and Results Act of 1993, requires agencies to consult with Congress on their strategic plans and report annually on performance plans, goals, and results.

• Delegated Powers

  • The delegated powers, also called enumerated powers, are a list of items found in Article I, Section 8 of the U.S.
  • There is a difference of opinion in the political arena on whether current interpretation of enumerated powers, as exercised by Congress, is constitutionally sound.
  • Strict constructionists often reference a statement on the enumerated powers set forth by Chief Justice Marshall in the case McCulloch v.
  • 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.
  • John Marshall's writing about enumerated powers in McCullogh v.

• Marbury v. Madison

  • The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.
  • The petition was therefore denied, but more importantly, the precedent for the Court's power of judicial review - not specificially enumerated in the Constitution - was established.

• The State Constitutions

  • Individual state constitutions were created to help define and enumerate the powers not accorded to the federal government.
  • The organized territories of the United States also have constitutions of their own if they have an organized government through an Organic Act passed by the federal Congress.
  • If territories wish to enter the Union (that is, to attain statehood), they seek an enabling act from Congress and must draft an acceptable state constitution as a prerequisite to statehood.
  • The District of Columbia Home Rule Act establishes the Council of the District of Columbia, which governs the entire district and has certain devolved powers similar to those of major cities.
  • The Territory of Guam does not have its own constitution, but operates under the Guam Organic Act of 1950 and other federal statutes.

• Early U.S. Supreme Court Decisions

  • Maryland, established the rights of power between federal and state governments.
  • On April 8, 1916, Congress passed an act providing the incorporation of the Second Bank of the US.
  • On February 11, 1818, the General Assembly of Maryland passed an act placing a tax on all banks not chartered by the legislature.
  • Third, Marshall admitted that the Constitution does not enumerate a power to create a central bank but that this is not dispositive to Congress' power to establish such an institution.
  • Fourth, he invoked the Necessary and Proper Clause, permitting Congress to seek an objective within its enumerated power so long as it is rationally related to the objective and not forbidden by the Constitution.

• The 16th Amendment

  • The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

• The Branches of Government

  • Each branch would have defined powers to check the powers of the other branches.
  • Article I, Section 8 enumerates legislative powers, which include: "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."
  • Essentially, Congress has the sole power to make, amend, and repeal US laws.
  • US courts have the power to rule legislative enactments or executive acts invalid on constitutional grounds.
  • Congress, however, which has the power to set the jurisdiction of the courts, may limit judicial power to review the constitutionality of laws.

• Congress

  • Two constitutional clauses, the Constitution and Foreign Commerce Clause and the War Power Clause, give Congress foreign policy powers.
  • Perhaps the most important powers are in the War Power Clause which was given to Congress in the Constitution and Foreign Commerce Clause.
  • This clause provides Congress with the power to regulate commerce overseas.
  • The Commerce Clause in the Constitution also give Congress the power to regulate trade between nations.
  • The Commerce Clause is an enumerated list in the United States Constitution.

• The Legislative Function

  • However, the Constitution grants each chamber some unique powers.
  • Congress has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress 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. " Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section 8.
  • There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.
  • Committees have power and have been called 'independent fiefdoms'.
  • Differentiate between the powers granted by the Constitution to the House and Senate

• Investigation

  • Congress exercises this power largely through its congressional committee system.
  • Oversight is an implied rather than an enumerated power under the U.S.
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.
  • Reinforcing these powers is Congress's broad authority "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."
  • Although the Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress's array of enumerated powers.