Enumerated powers (United States)
But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.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.For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause.[citation needed] In National Federation of Independent Business v. Sebelius,[8] the Supreme Court held that the Commerce Clause did not give Congress the authority to require individuals to purchase health insurance.However, since the court ruled that Congress's taxing authority was sufficient to enact the mandate, some constitutional lawyers have argued that the commerce clause discussion should be treated as judicial dictum.In almost all cases, though, there is very little thought or dialogue given to what should be the first and foremost question asked with every legislative or administrative governmental action: Is this initiative empowered to our federal government by the document's seven articles and 27 amendments?"For this reason," Johns said, "we also strongly support the Enumerated Powers Act, which will require Congress to justify the Constitutional authority upon which all legislation is based.
United States Congressfederal government of the United StatesUnited States ConstitutionBill of RightsTenth AmendmentSupreme Courtbroadly interpretedimplied powersexclusive federal powersconcurrent powersreserved powersTo 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 StatesTo borrow on the credit of the United StatesTo regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribesand uniform Laws on the subject of Bankruptcies throughout the United Statescoin MoneyTo establish Post Offices and Post RoadsTo 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 Discoveriesconstitute Tribunals inferiorTo declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and WaterTo make Rules for the Government and Regulation of the land and naval Forcessuch 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 StatesMagazinesTo 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.Amendment XVI of the United States ConstitutionCongressional power of enforcementCongressAmendment XIII of the United States ConstitutionAmendment XIV of the United States ConstitutionAmendment XV of the United States ConstitutionAmendment XIX of the United States ConstitutionAmendment XXIII of the United States ConstitutionAmendment XXIV of the United States ConstitutionAmendment XXVI of the United States Constitutionstrict constructionismChief JusticeMarshallMcCulloch v. MarylandNecessary and Proper ClauseLoose constructionistsCommerce ClauseBaltimoreJohn MarshallUnited States v. LopezunconstitutionalGun Free School Zone ActWilliam Rehnquistfirst principlesFederal GovernmentNational Federation of Independent Business v. Sebeliushealth insurancejudicial dictumJohn RobertsEnumerated Powers Act104th Congress111th CongressJohn Shadegg105th CongressHouse of RepresentativesTea Party movementCompact theoryConstitution in exileNew federalismOriginalismStates' rightsAbout.comFindLawConstitution of the United StatesPreambleAmendmentsReconstructionUnratifiedCongressional ApportionmentTitles of NobilityCorwin AmendmentChild LaborEqual RightsDistrict of Columbia Voting RightsProposedBalanced budgetBlaine amendmentBricker amendmentCampaign finance reformChristian amendmentCrittenden CompromiseElectoral College abolitionEqual Opportunity to GovernFederal MarriageFlag DesecrationHuman Life"Liberty" amendmentLudlow amendmentParental Rights amendmentSchool PrayerSingle subjectVictims' RightsConvention to propose amendmentsState ratifying conventionsHistoryArticles of ConfederationMount Vernon ConferenceAnnapolis ConventionPhiladelphia ConventionVirginia PlanNew Jersey PlanConnecticut CompromiseThree-fifths CompromiseCommittee of DetailList of FramersSigningPrintingIndependence HallSyng inkstandThe Federalist PapersAnti-Federalist PapersMassachusetts CompromiseVirginia Ratifying ConventionNew York Circular LetterHillsborough ConventionFayetteville ConventionRhode Island ratificationDrafting and ratification timelineClausesAdmission to the UnionAppointments