The power of Congress is defined as an enumerated power.
The United States Constitution gives specific powers to Congress.The framers of the Constitution wanted to make sure the new federal government wouldn't become an overreaching entity that would subject the people to oppression.The authority over certain things was listed in Section 8 of the Constitution.Every issue not enumerated or assigned to Congress is reserved for individual states.The following enumerated powers definition can be used to explore this concept.
The federal government cannot do certain things according to the U.S. Constitution.Amendments to the Constitution are found in the Bill of Rights.The federal government can't deny people their right to free speech or dictate how they worship.The federal government has authority over certain issues, such as printing money and regulating commerce with other nations.
The framers listed what Congress would be allowed to do in order to make sure the federal government couldn't give itself more power.The Constitution addresses concurrent powers, which are those shared between the federal and state governments.
17 Congressional powers are listed in the United States Constitution.Congress has power.
All Laws which are 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 shall be made by Congress.
TheElastic Clause was added to make sure the government had the authority to deal with any serious issues in exercising the other enumerated powers.As the world changed, the framers of the Constitution were aware that it would be difficult to list all the power the government needed.
The Necessary and Proper Clause was added at the end of the powers list.The clause gave the government the ability to stretch beyond its authority if needed.
The powers granted to Congress are known as enumerated powers.When performing the duties under its enumerated powers, certain powers are ceded to Congress in recognition of their necessity.mplied powers are the authority implied by the enumerated powers granted Congress.The powers are assumed to exist if necessary in order to implement the enumerated powers.
The Tenth Amendment states that powers that have not been specifically enumerated or delegated to the U.S. Congress are to be left to individual states.The people have a say in their governmental process at the state level.The Tenth Amendment states something.
The powers not delegated to the United States by the Constitution are reserved for the States or the people.
The federal and state governments hold certain powers.The current powers include the power to impose taxes, run elections, borrow money for the government, and establish and maintain a working court system.Each level of government has a need for concurrent powers, which are exercised individually by both federal and state governments.
If there is a dispute in which both federal and state governments apply according to concurrent powers, the powers of the federal government prevail.
In addition to the powers granted to Congress and the states in the Constitution, there are also certain powers that neither level of government can have.The federal government doesn't have the power to tax exports or confer titles of nobility.
Alfonso Lopez, Jr., a 12th grade student at a Texas high school, carried a concealed gun to school in 1992.He claimed he was bringing the gun to another student in exchange for money.Lopez admitted to having the weapon when confronted by school authorities.He was charged with violating the Gun-Free School Zones Act.
In the case of Alfonso D. Lopez, Jr., his attorney asked that the charges be dismissed because Congress did not have the power to make laws about public schools.The motion to dismiss was denied by the trial court due to the fact that Congress has the power to regulate activities concerning schools.Lopez appealed his conviction.
Lopez had his conviction reversed by the Fifth Circuit Court of Appeals because it believed the Act was not within the power of Congress.The United States government appealed the matter to the U.S. Supreme Court, arguing that the presence of a firearm at school posed a risk to students, which in turn would cause a domino effect in certain expenses that would effect the economy.
The government argued that a gun at school was likely to lead to a violent crime, which would create a variety of expenses, including higher insurance costs that would blanket the economy.The gun's presence would cause fear that made it difficult for other students to learn, which would lead to a weaker national economy.
While the federal government has authority under the interstate commerce clause, the Supreme Court stated that applying it to this situation would be stretching it's intended purpose.In addition, linking the social costs associated with the commission of violent crimes could create a slippery slope by which the federal government might later regulate any activities that could lead to violent crime, whether or not the crime had anything to do with interstate commerce at all.