NationMaster - Encyclopedia: Enumerated powers

The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate 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. Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...

The classical statement of a government of enumerated powers is that by Chief Justice Marshall in McCulloch v. Maryland: Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal The Chief Justice of the United States is the head of the judicial... For other persons named John Marshall, see John Marshall (disambiguation). ... Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. ...

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 elastic 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. The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. ... Loose constructionism is an ideology that allows for the interpretation, in the broadest sense, of the constitution in law, as opposed to strict constructionism which reasons that the constitution should be interpreted literally. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ...

Commerce Clause

The use of the Commerce Clause by Congress to justify a wide range of legislation has been the subject of long, intense political controversy. Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and individual states. Congress has cited its authority under the Commerce Clause for the authority to pass laws in realms of human behavior not mentioned in the Constitution. The Supreme Court has nearly always upheld this argument, and taken a broad view of what activities might affect interstate commerce. An example frequently used to illustrate this point is the Wickard v. Filburn (1942) case, in which growing wheat on one's own land for one's own consumption was ruled to affect interstate commerce. Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... Balance of power is a central concept of realist theories of international relations. ... This article is about the federal government of the United States. ... Holding Production quotas under the Agricultural Adjustment Act were constitutionally applied to agricultural production that was consumed purely intrastate, because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause. ...

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. For Ireland, see Tenth Amendment of the Constitution of Ireland. ...

Recent case law

The case of United States v. Lopez 514 U.S. 549 held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce... among the several states." Then Chief Justice William Rehnquist wrote, "We start with first principles. The Constitution creates a Federal Government of enumerated powers." For the first time in 60 years, the Court found a federal statute to have exceeded the commerce power of Congress. Rehnquist's opinion in Lopez thus shocked many legal scholars. Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... It has been suggested that this article or section be merged into constitutionality. ... The Gun-Free School Zones Act of 1990 (Pub. ... William Hubbs Rehnquist (October 1, 1924 â€“ September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... In a formal logical system, that is, a set of propositions that are consistent with one another, it is probable that some of the statements can be deduced from one another. ... A federal government is the common government of a federation. ...

Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ...

Enumerated Powers Act

The Enumerated Powers Act, H.R. 2458, 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]} The Enumerated Powers Act is a proposed bill in the United States House of Representatives which would require that any law passed by congress cite the provisions of the constitution that gives them the power to pass such legislation. ... // Elections for the 104th United States Congress were held on November 8, 1994. ... John Shadegg John Barden Shadegg (born October 22, 1949), American politician, has been a Republican member of the United States House of Representatives since 1995, representing the 3rd District of Arizona (map). ... Members of the 105th United States Congress: // States Alabama Senators Richard C. Shelby (R) Jefferson B. Sessions III (R) Representatives 1. ... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party...

See also

The New federalism is a policy theme which became popular in the 1980s and 1990s in the United States that refers to the transfer of certain powers from the federal government to the states. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. ... The Constitution in Exile is a controversial term that refers to provisions of the United States Constitution whose interpretation by the Supreme Court have changed since roughly the 1930s, and which have not been strictly enforced, such as the interstate commerce clause. ... The compact theory is a theory relating to the development of the Constitution of the United States of America. ...

External links

The Cato Institute is a libertarian think tank headquartered in Washington, D.C. The Institutes stated mission is to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets, and peace by striving to achieve greater involvement... FindLaw. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The Virginia Plan (also known as the Randolph Plan, after its sponsor, or Large-State Plan) was a proposal by Virginia delegates, drafted by James Madison while he waited for a quorum to assemble at the Philadelphia Convention of 1787. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... The Connecticut Compromise, also known as the Great Compromise, was an essential agreement between large and small states reached during the Philadelphia Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasionsâ€”with a total of 27 individual successful amendmentsâ€”since the Constitution was completed in 1787. ... The history of the Convention as a means of altering the fundamental law of a nation is documented in Prelude to the Grand Convention, the first chapter of a well researched book published in 1988 by Oxford University Press. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, while granting the United States Congress... The Appropriations Clause[1] or Statement and Account Clause refers to a provision of Article I, Section 9, Clause 7, that provides Congress with the power to control the spending of the federal government and requires that records of expenditures be made. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... The citizenship clause (also known as the naturalization clause[1]) refers to a provision, in the Fourteenth Amendment to the United States Constitution at section one, clause 1. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... This article or section is in need of attention from an expert on the subject. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To 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. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Emolument clause refers to a provision in Article One of the United States Constitution at section nine, clause 8, that forbids the United States from granting titles of Nobility and restricts members of the government from receiving gifts from foreign states without the consent of Congress. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Article III Section 2 Clause 2 of the United States Constitution. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... The Extradition clause or Interstate renditon clause[1] refers to a provision in Article Four of the United States Constitution at section two, clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Fugitive slave clause refers to a provision in Article IV, Section 2, Clause 3, that requires that slaves that escaped to another state be returned back to the owner in the state from which they escaped. ... Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the judicial rulings of other states. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Origination clause refers to a provision in Article One of the United States Constitution at section seven, clause 1, that mandates all revenue raising bills originate from the House of Representatives. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... It has been suggested that this article or section be merged with Jury. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... The Vesting clauses refer to a provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution; which vest the legislative, executive, and judicial powers in the Congress, president, and Supreme Court, respectively. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... For other uses, see Double jeopardy (disambiguation). ... The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. ... This article does not cite any references or sources. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... This article is about the power of federal law in the United States. ... The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... theSeparation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ...