Also known as: enumerated powers · enumerate power · enumerating power · express powers
Written by attorneys · grounded in primary & secondary sources — see below
A political power specifically delegated to a governmental branch by a constitution.
Congress passes a statute authorizing the Treasury to charter a national bank to handle federal tax collections and debt payments. Enzo Eastwood, a state banker, challenges the charter in federal court. The court upholds the statute because the chartering power implements Congress's taxing and borrowing authorities.
Maryland imposes a tax solely on the operations of the national bank chartered by Congress. The bank's cashier refuses to pay. The Supreme Court invalidates the tax because it burdens an instrument created to execute enumerated federal fiscal powers.
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Washington enacts a statute criminalizing physician-assisted suicide. Esther Eisenberg, a terminally ill patient, claims a liberty right to assistance. The Court rejects the claim because no enumerated power or fundamental right supports overriding the state's traditional authority.
Congress enacts a statute prohibiting possession of firearms within one thousand feet of a school. Elijah Edwards, a high-school senior, is charged after carrying a handgun to class. The Court strikes down the statute because possession near schools is not economic activity connected to any enumerated commerce power.
New London authorizes eminent domain to assemble parcels for a private redevelopment project expected to increase tax revenue. Edith Eberhardt, a homeowner, objects that the taking serves no public use. The Court upholds the action because economic development qualifies as a permissible purpose under the Takings Clause when tied to enumerated powers.
Congress enacts a statute allowing one house to veto an executive suspension of deportation. Jagdish Rai Chadha, an alien whose deportation was suspended, faces removal after the veto. The Court invalidates the one-house veto because it constitutes legislative action that must follow the bicameral and presentment requirements attached to enumerated powers.
No. The Constitution grants the national government only enumerated powers. Control over public-school curriculum remains with the states because education is not among the powers delegated to Congress.
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Yes. Congress possesses enumerated powers to borrow money and to lay uniform duties for the general welfare. Once revenue is raised under those powers, Congress may allocate the funds to particular projects without violating uniformity requirements.
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Yes. Regulation of local utilities and energy generation within a state is not an enumerated federal power. Absent a valid federal statute that preempts state law, the authority remains with the states.
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No. The duty regulates interstate commerce and satisfies the uniformity requirement for excises. Congress may spend the proceeds for the general welfare even if the benefits are distributed unevenly.
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Yes. Supervision of state officials is a power reserved to the states. Nothing in the Constitution requires a state to lend its personnel to federal programs absent a valid federal directive.
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…of the people. Its powers are granted by them, and are to be exercised directly on them for their benefit. This Government is of enumerated powers, but the question of the extent of powers actually granted is perpetual and must be settled by fair construction of the whole instrument. If any proposition could command universal assent…