enumerated powers

Examples of enumerated powers in the following topics:

• 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.

• 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.

• 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.
  • Besides these general powers, numerous statutes direct the executive to furnish information to or consult with Congress.

• McCulloch v. Maryland

  • The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
  • The court determined that Congress did have the power to create the Bank.
  • Marshall admitted that the Constitution does not enumerate a power to create a central Bank but said that this is not dispositive as to Congress's power to establish such an institution.
  • Fourth, in liberally interpreting the Necessary and Proper clause, the Court naturally rejected Maryland's narrow interpretation of the clause, which purported that the word "necessary" in the Necessary and Proper Clause meant that Congress could only pass those laws which were absolutely essential in the execution of its enumerated powers.
  • The Court rejected this argument on the grounds that many of the enumerated powers of Congress under the Constitution would be useless if only those laws deemed essential to a power's execution could be passed.

• Hamilton's Achievements

  • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of political theorists.
  • Though the Constitution was ambiguous as to the exact balance of power between national and state governments, Hamilton consistently argued in favor of greater federal power at the expense of the states, especially in his efforts to strengthen the national economy.
  • Hamilton justified the Bank and the broad scope of congressional power necessary to establish it by citing Congress' constitutional powers to issue currency, regulate interstate commerce, and enact any other legislation "necessary and proper" to enact the provisions of the Constitution.This broad view of congressional power was enshrined into legal precedent in the Supreme Court case McCulloch v.
  • Maryland, which granted the federal government broad freedom to select the best means to execute its constitutionally enumerated powers.
  • This ruling has since been termed the "doctrine of implied powers," in regards to the specified powers of the federal government in the Constitution.

• The Oversight Function

  • Congress exercises this power largely through its congressional committee system.
  • Congress's oversight authority derives from its "implied" powers in the Constitution, public laws, and House and Senate rules.
  • Oversight is an implied rather than an enumerated power under the U.S.
  • The lack of debate was because oversight and its attendant authority were seen as an inherent power of representative assemblies, which enacted public law.
  • Oversight also derives from the many, varied express powers of the Congress in the Constitution.

• Limited Government

  • After enumerating specific rights retained by the people in the first eight amendments, the Ninth Amendment and the Tenth Amendment summarily spelled out the principle of limited government.
  • Together, these two last amendments clarify the differences between the enumerated rights of the people versus the expressly codified delegated powers of the federal government.
  • Reversely, though, the Tenth Amendment codified that any delegated powers of the federal government are only authorized to be performed so long as such delegated powers are expressly delegated to the federal government specifically by the Constitution.
  • The Constitution limits the power of the government in several ways.
  • Limited government exists where some effective limits restrict governmental power.

• 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 Ninth Amendment

  • The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.
  • Subsequent to Griswold, some judges have tried to use the Ninth Amendment to justify judicially enforcing rights that are not enumerated.
  • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  • Analyze the relationship between enumerated and unenumerated right in the Constitution

• Powers Denied to Congress

  • Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes.
  • Constitution provided limits on Congressional powers.
  • No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
  • Recall the limits placed on Congressional power by Article 1, Section 9 of the Constitution