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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.
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers.
Among the powers specifically given to Congress in Article I Section 8, are the following: 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.. Smart and clairvoyant ...
It is a huge check by the courts on the legislative authority and limits congressional power. In 1851, for example, the Supreme Court struck down provisions of a congressional act of 1820 in the Dred Scott decision. [13] However, the Supreme Court can also extend congressional power through its constitutional interpretations. [citation needed]
The Separation of Powers devised by the founding fathers was primarily designed to prevent the majority from ruling with an iron fist. [71] Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances". For ...
The U.S. government is based on the principles of federalism, republicanism and democracy, in which power is shared between the federal government, state governments, and the people. It is a mixed system, neither pure republic nor pure democracy, often described as a democratic republic , representative democracy , or constitutional republic .
It purports to be an additional power, not a restriction on those already granted." [7] [8] Without that clause, there would have been a dispute about whether the express powers imply incidental powers, but the clause resolved that dispute by making those incidental powers be expressed, instead of implied. [8]