Congressional Powers

Enumerated Powers of Congress Article 2 United States Constitution

Powers of Congress. Enumerated Powers of Congress Article 2 United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments. United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments. United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments.

 

Enumerated Powers: The Untied States Congress has only those powers which the Contsitution has (either expressly or implicitly) granted to Congress.

 

10th Amendment: Powers not expressly granted to the federal government are reserved by the states and the people respectively (9th Amendment).

 

Necessary and Proper Clause: Under the Necessary and proper clause, Congress has authority and power to carry out any power granted to Congress. This is not an independednt source of power.

 

The Power to Tax and Spend: Congress has the power to tax and spend for the general welfare.

 

Commerce Power: Congress has plenary (absolute) power to regulate commerce between the states. Commerce Powers of Congress.

 

Dormant Commerce Clause: Where Congress has not otherwise regulated, the states are free to regulate interstate commerce. However, the regulation must be non discrimitory (not favor or protect local interests) and not unduly burdensome. Courts tend to balance the interests of the burden on interstate commerce such that no less restrictive alternatives means are available. Market Participant Doctrine: Is the govenment acting as a regulator or a market participant?

 

Power over Federal Lands and District of Columbia: Congress has power over federal lands and the District of Columbia.

 

War and Defense Powers: Congress has the war and defense powers:

 

Power to Enforce the 14th, 13th, and 15th Amendments: Congress has the power to enforce the14th, 13th, and fifteenth amendments under section (e) of the amendments.

 

 

Constitutional Law: Enumerated Powers of Congress

 

For more detailed Enumerated Powers of Congress. Enumerated Powers of Congress look below:

 

The Congress shall have Power

 

To 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;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and

uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

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;

To exercise exclusive Legislation in all Cases whatsoever, over such 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 Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--

And 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.

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Executive Branch of government. Powers of the President (Executive Branch of Government).