Enumerated powers (United States)
enumerated powersenumerated powerSection 8Article One, Section 8delegated powersenumeratedEnumerated Powers ActNaturalization ClauseArticle I, Section 8 of the Constitutiondelegated
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution.wikipedia
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Article One of the United States Constitution
Article IArticle OneU.S. Const. art. I
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution.
Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers.








Constitution of the United States
United States ConstitutionU.S. ConstitutionConstitution
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution.
The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress.









Commerce Clause
interstate commerceInterstate Commerce Clauseinterstate
In practical usage, the clause has been paired with the Commerce Clause in particular to provide the constitutional basis for a wide variety of federal laws.
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).
States' rights
states rightsstate's rightsstate sovereignty
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment.
John Shadegg
John B. ShadeggJohn Barden ShadeggRep. John Shadegg
From the 104th Congress to the 111th Congress, U.S. Congressman John Shadegg introduced the Enumerated Powers Act, although it has not been passed into law.
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.


United States Congress
CongressU.S. CongressCongressional
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution.









United States Bill of Rights
Bill of RightsU.S. Bill of RightsUS Bill of Rights
In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights.




Tenth Amendment to the United States Constitution
Tenth Amendment10th AmendmentTenth
Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Supreme Court of the United States
United States Supreme CourtU.S. Supreme CourtSupreme Court
Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.









Judicial interpretation
constitutional interpretationinterpretationLegal interpretation
Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.
Implied powers
implied powerimplied authoritypowers that were not expressly defined
Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.
Exclusive federal powers
exclusive federal power
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.
Concurrent powers
concurrent powerconcurrent
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.
Reserved powers
residual powerreservedspecial responsibilities
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.
List of amendments to the United States Constitution
amendmentamendmentsconstitutional amendment
Several amendments explicitly grant Congress additional powers.
Sixteenth Amendment to the United States Constitution
Sixteenth Amendment16th AmendmentSixteenth
For example, the Sixteenth Amendment grants the power to "lay and collect taxes on incomes, from whatever source derived."

Congressional power of enforcement
enforcement powersenforcement legislationenforce
A number of amendments include a Congressional power of enforcement.
Chief Justice of the United States
Chief JusticeChief Justice of the United States Supreme CourtChief Justice of the Supreme Court
Strict constructionists refer to a statement on the enumerated powers by Chief Justice Marshall in the case McCulloch v. Maryland:

John Marshall
Chief Justice MarshallMarshallChief Justice John Marshall
Strict constructionists refer to a statement on the enumerated powers by Chief Justice Marshall in the case McCulloch v. Maryland:









McCulloch v. Maryland
McCulloch v MarylandbanksM'Culloch v. Maryland
Strict constructionists refer to a statement on the enumerated powers by Chief Justice Marshall in the case McCulloch v. Maryland:


Necessary and Proper Clause
necessary and proper“necessary and proper” clauseArticle I, Section 8
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the republic.
Baltimore
Baltimore, MarylandBaltimore, MDBaltimore City
In 1819 the federal government opened a national bank in Baltimore, Maryland.









United States v. Lopez
possession of guns in school zonesU.S. v. Lopez
The case of United States v. Lopez in 1997 held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce...among the several states".
Constitutionality
unconstitutionalconstitutionalunconstitutionally
The case of United States v. Lopez in 1997 held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce...among the several states".
Gun-Free School Zones Act of 1990
Gun-Free School Zones ActGun-free zoneGun Free School Zone Act
The case of United States v. Lopez in 1997 held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce...among the several states".
