The Civil War News & Views Open Discussion Forum

Enumerated powers

Only if those powers are explicitly stated in the amendment.

McCulloch v. Maryland

"This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted." John Marshall, Chief Justice.

Implied powers are those finally determined by judicial processes; the rule of interpetation is left to the courts.

By placing these "Congress shall have power" clauses, the amendments are taking the courts out of the equation, no interpetation necessary.

David

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