Sunday, November 3, 2013

The Delegated Powers, also called the Enumerated Powers

The Federal government has expanded its powers to make laws and regulate the States and it citizens way beyond the powers granted to it by the individual states as a condition for joining the union and creating "The United States of America".
 
Please read the Federalist papers which were written by the founders in order to explain and guarantee the States and its citizens the limitations put on the Federal Government and the true meaning of such terms as "Establish No Religion" .
 
They have grabbed these powers by citing the pre amble wording "To Provide for the Common Good" or by proclaiming the Constitution is a "living changeable document" that no longer applies to todays society. In doing so not only do they assume powers not granted to them but find new powers and constitutional rights such as the right to abortion and unfunded mandates such as The Affordable Care Act. One California Democrat Congressman went so far as to publically say that  Congress has the power to do what ever then choose and pass any law they want.
 
No one has ever been able to point out any wording or meaning that has changed since the Constitution was written that doesn't mean the same today.  Transportation is still the act of movement by means other than foot and covers movement by any means not available when the Constitution was written.

What are these Enumerated Powers?


The Delegated Powers, also called the Enumerated Powers,
are the powers of Congress established in section eight of Article I of the US Constitution. There are nineteen such powers. [1]

The Delegated Powers are as follows:[2]
  • The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, [in order] to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
  • To borrow money on the credit of the United States;
  • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  • To establish uniform Laws on the subject of Bankruptcies throughout the United States;
  • To coin [not print] Money, regulate the Value thereof, and of foreign Coin;
  • To fix the Standard of Weights and Measures;
  • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  • To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
  • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
  • To provide and maintain a Navy;
  • To make Rules for the Government and Regulation of the land and naval Forces;
  • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
  • To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.


NOTE:
  • Under Article I, Sections 2 and 3, Congress also has the power to impeach the President and remove him (or her) by trial.
  • Under Article III, Section 2, Congress also has the power to prohibit the Supreme Court from adjudicating any particular case (such as Roe v. Wade).


The following clause (appearing in Article I, Section 8) refers to the Implied Powers of Congress -- those necessary to accomplish the above, but not specifically mentioned ("enumerated"):
  • To make all Laws which shall be 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 thereof.


Powers Delegated to the States.



  • All powers not specifically Enumerated to the Federal Government to include - -
  • governance of religion
  • training the militia and appointing militia officers
  • control over local government
  • most crimes
  • state justice systems
  • family affairs
  • real property titles and conveyances
  • wills and inheritance
  • the promotion of  useful arts in ways other than granting patents and copyrights
  • control of personal property outside of commerce
  • governance of the law of torts and contracts, except in suits between citizens of different states
  • education
  • services for the poor and unfortunate
  • licensing of taverns
  • roads other than post roads
  • ferries and bridges
  • regulation of fisheries, farms, and other business enterprises.
  • References

    1. U.S Government and Politics
    2. United States Constitution

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