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The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8 .
- 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; ArtI.S8.C2.1 Borrowing Power.
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ArtI.S8.C3.1 Commerce Powers. ArtI.S8.C3.1.1 Foreign Commerce Power.
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; ArtI.S8.C4.1 Naturalization Power.
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Congress’s most significant powers, in terms of the breadth of authority, may be its power of the purse, 2. referring to its authority to tax and spend 3. and its power to regulate interstate and foreign commerce. 4. Section 8 also defines a number of more specific powers.
The Supreme Court has recognized four general categories of powers belonging to the National Government—enumerated, implied, resulting, and inherent. Enumerated powers are those specifically identified in the Constitution. 1 Footnote
Enumerated powers are the specific powers delegated to the Federal government by the U.S. Constitution, such as taxes, commerce, defense, and war. Learn about the 27 enumerated powers, their clauses, and their interpretation from the Wex legal dictionary.
The web page explains the concept of federalism and its evolution from the Founding to the present. It also analyzes the powers of Congress under the Constitution, including the enumerated powers, the fundamental rights, and the federal-state relations. It cites the article from the Constitution Center that discusses the interpretation of Article I, Sec. 8, which grants Congress the power to lay and collect taxes, among other things.
Learn about the scope and limits of Congress's enumerated powers under the U.S. Constitution, as well as the historical and judicial interpretations of the clause. The web page covers the eighteen clauses of the Enumerated Powers Clause, from Taxing and Spending to War and Maritime Crimes, with links to detailed analyses and references.