Expressed powers are powers specifically listed in the Constitution and granted to the federal government. They are also called enumerated powers. Article I, Section 8 lists most of them. Congress can tax, borrow money, regulate commerce, declare war, and maintain armed forces. The president has expressed powers too. The president is commander in chief, grants pardons, and makes treaties. The courts have expressed powers as well.
Expressed powers are limited. The federal government can only do what the Constitution says. That is the principle of enumerated powers. The Tenth Amendment reinforces it. Powers not delegated to the federal government are reserved to the states or the people. The federal government is not a government of general jurisdiction. It is a government of limited powers.
Examples of expressed powers
- Congress: power to tax, coin money, declare war.
- President: commander in chief, pardon power, treaty power.
- Senate: confirm appointments, ratify treaties.
- Courts: judicial power over federal cases.
- Congress: regulate interstate commerce.
Expressed powers are the foundation of federal authority. They are the explicit grants. But they are not the whole story. The Necessary and Proper Clause gives Congress implied powers. It can do what is necessary to carry out expressed powers. That clause has expanded federal power enormously. The bank of the United States, the interstate highway system, and the Affordable Care Act all rely on implied powers. Expressed powers are the core. Implied powers are the penumbra. Together they define the reach of the federal government. The debate over the scope of federal power is a debate over the interpretation of these clauses. Originalists read them narrowly. Living constitutionalists read them broadly. The text is short. The implications are vast.
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