Legal Definitions - enumerated powers

Enumerated powers refer to the specific, explicit authorities granted to the federal government by the U.S. Constitution. These powers are clearly listed, primarily within Article I, Section 8, outlining what Congress is legally permitted to do. They are distinct from implied powers, which are not explicitly stated but are considered necessary to carry out the enumerated powers, and inherent powers, which are understood to exist simply because the nation is a sovereign government.

Here are some examples illustrating enumerated powers:

• Establishing a National System for Bankruptcies

  The U.S. Constitution explicitly grants Congress the power "To establish uniform Laws on the subject of Bankruptcies throughout the United States." This means Congress has the clear, written authority to create and enforce a single set of rules for how individuals and businesses declare bankruptcy across all states. Without this specific constitutional grant, individual states might have entirely different bankruptcy laws, leading to confusion and inconsistency. This power is "enumerated" because it is plainly stated in the text of the Constitution.

• Maintaining a National Military

  The Constitution states that Congress has the power "To raise and support Armies" and "To provide and maintain a Navy." These clauses explicitly give the federal legislature the authority to create, fund, and oversee the nation's armed forces. This isn't a power that Congress simply assumed or inferred; it's a direct instruction written into the foundational document, making it an enumerated power.

• Regulating Currency

  Article I, Section 8 also grants Congress the power "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures." This specific language means that only the federal government, through Congress, has the authority to mint currency, determine its worth, and set national standards for measurement. This prevents individual states from creating their own currencies or measurement systems, ensuring economic stability and consistency across the country. This power is clearly "enumerated" because it is precisely detailed in the Constitution.