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Simple English definitions for legal terms

enumerated powers

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A quick definition of enumerated powers:

Enumerated powers are the things that the government is allowed to do, as written in the Constitution. These powers are mostly given to Congress, and include things like collecting taxes, making laws, and keeping the country safe. There are 27 specific powers listed in the Constitution, but some other powers can be inferred from the things that are listed. These powers are different from implied powers, which are not specifically written down, and inherent powers, which come from just being the government.

A more thorough explanation:

Definition: Enumerated powers are the powers given to the Federal government, specifically to Congress, which are listed in Article I, Section 8 of the U.S. Constitution. These powers include:

  • The power to collect taxes
  • The power to pay debts
  • The power to provide for the common defense and general welfare of the United States
  • The power to regulate commerce with foreign nations
  • The power to establish tribunals inferior to the Supreme Court
  • The power to raise and maintain armed forces
  • The power to declare war
  • The power to establish a Post Office

The Constitution delegates 27 powers specifically to the Federal government. Clauses from Article I, Section 8 of the Constitution lay out powers specific to Congress and are often referred to as the Commerce Clause (Clause 3), Necessary and Proper clause (Clause 8), and General Welfare or Taxing and Spending clause (Clause 1). These clauses are broadly interpreted and grant Congress powers that are not specifically enumerated.

Examples: One example of an enumerated power is the power to collect taxes. This means that Congress has the authority to create and enforce laws that require individuals and businesses to pay taxes to the government. Another example is the power to declare war. This means that Congress has the authority to officially declare war on another country.

Explanation: Enumerated powers are specific powers given to Congress by the Constitution. These powers are listed in Article I, Section 8 and include things like the power to collect taxes and the power to declare war. These powers are important because they give Congress the authority to make laws and decisions that affect the entire country. Without enumerated powers, the government would not have the ability to function effectively.

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JumpySubsequentDolphin
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21:32
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