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.

• 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.

• Early U.S. Supreme Court Decisions

  • Maryland, established the rights of power between federal and state governments.
  • The court determined that Congress had the power to create the Bank .
  • First, historical practice established Congress' power to create the Bank.
  • 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.

• Dual Federalism: From the Civil War to the 1930s

  • One sphere of power belongs to the federal government while the other severally belongs to each constituent state.
  • Within such jurisprudence, the federal government has authority only where the Constitution so enumerates.
  • The federal government is considered limited generally to those powers listed in the Constitution.
  • The Democratic-Republicans believed that the Legislative branch had too much power and was unchecked, the Executive branch had too much power and was unchecked, and that a Bill of Rights should be coupled with the Constitution to prevent a dictator from exploiting citizens.
  • National courts now interpret the federal government as the final judge of its own powers under dual federalism.

• 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