●?? Enumerated and Implied Powers

●? Necessary and Proper "Power"

●? The Necessary and Proper Clause grants Congress the power to make all laws necessary and proper (i.e., appropriate) for carrying into execution any power granted to any branch of the federal government.

●? Taxing Power

●? Congress has the power to lay and collect taxes, imposts, and excises, but they must be uniform throughout the United States.

●? Spending Power

●? Congress may spend to "provide for the common defense and general welfare.”

●? Commerce Power

●? Article l, Section 8, Clause 3 empowers Congress to “regulate commerce with foreign nations and among the several states, and with the Indian tribes.”

●?? Definition of Commerce

●?? Includes basically all activity affecting two or more states

●?? includes transportation or traffic

●?? "Substantial Economic Effect"

●? War and Related Powers

●? Article l Section 8 gives Congress the power to declare war, raise and support armies, provide for and maintain a navy, make rules for the government and regulation of the armed forces.and organize, arm, discipline, and call up the militia.

●? Investigatory Power

●? The broad power to investigate to secure information as a basis for potential legislation or other official action is well-established implied power.

●? Property Power

●? Congress has the power to "dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States .

●? No federal Police Power

●? Congress has no general police power (i. e.power to legislate for the health, welfare,morals, etc., of the citizens.)

●? Bankruptcy Power

●? Article I, .Section 8, Clause 4 empowers Congress “to establish uniform laws on the subject of bankruptcies throughout the United States.”

●? Postal Power

●? Article l, Section 8, Clause 7 empowers Congress to establish post offices and post roads.”

●?? Exclusive

●?? Scope of Power

●? Power over Citizenship

●? Article I, Section 8, Clause 4 empowers Congress to establish a uniform rule of naturalization.

●?? Exclusion of Aliens

●?? Nonresident Aliens

●?? Resident Aliens

●? Admiralty Power

●? Congressional power to legislate in maritime matters is not expressed in the Constitution, but the Supreme Court has implied it from exclusive jurisdiction given the federal courts in this field by Article II, Section 2, supported by the Necessary and Proper Clause of Article I, Section 8.

●? Power to Coin Money an Fix Weights and Measures

●? Congress has the power to coin money and fix the standard of weights and measures under Article I, Section 8, Clause 5.

●? Patent/Copyright Power

●? Congress has the power to control the issuance of patents and copyrights under Article l, Section 8, Clause 8.

●?? Delegation of Legislative Power

●? Broad Delegation Allowed

●? Congress has broad discretion to delegate its legislative power to executive officers and/or administrative agencies, and even delegation of rulemaking power to the courts has been upheld.

●? Limitations on Delegation

●? Powers Cannot be Uniquely Confined to Congress

●? Clear Standard

●? Separation of Power Limitations

●? Important Liberty Interests