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Congress has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause and from its legislative powers. Congress has exclusive authority over financial and budgetary matters, through the enumerated power to lay and collect taxes, duties, imposts and excises, to pay the debts ...
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.
For example, Congress in the Federal Kidnapping Act (1932) made it a federal crime to transport a kidnapped person across state lines because the transportation would be an act of interstate activity over which the Congress has power. It has also provided justification for a wide range of criminal laws relating to interference with the federal ...
Article I, Section 1 of the U.S. Constitution explains the powers delegated to the federal House of Representatives and Senate.
The power of Congress over interstate commerce is plenary and complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.... It follows that no form of state activity can constitutionally thwart the regulatory power granted by the commerce clause to Congress.
Many powers of Congress have been granted under a broad interpretation of Article 1, section 8. Most notably, Clauses 1 (the General Welfare or Taxing and Spending clause), 3 (the Commerce clause), and 18 (The Necessary and Proper clause) have been deemed to grant expansive powers to Congress.
Dole, [22]) or through the commerce power (directly pre-empt state law). However, Congress cannot directly compel states to enforce federal regulations. In Printz v. United States (1997), [23] the Court ruled that part of the Brady Handgun Violence Prevention Act violated the Tenth Amendment. The act required state and local law enforcement ...
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