Talk:Enumerated powers (United States)

Loose constructionism

Loose constructionism is a valid and used term. It's no less POV than the term "strict constructionism". Google gives over 20,000 hits for "loose constructionism", and over 40,000 for "loose constructionist". Granted, "strict constructivist" gets more hits, but that's because they're more prominently discussed. —thames 04:17, 7 October 2005 (UTC)

Applies to all branches of US Government

This article reads as if enumerated powers only applies to the Legislative Branch. Unless I'm woefully mistaken, each branch of the Federal Government has enumerated powers. HyperCapitalist (talk) 23:26, 26 July 2009 (UTC)

Reads like political propoganda

This entry needs a lot of work to lose the POV and become a useful entry. Perhaps it's time to nominate for deletion until someone can write a more objective entry. —Preceding unsigned comment added by 70.231.129.153 (talk) 04:47, 22 March 2010 (UTC)

The Enmerated Powers Doctrine

The Enmerated Powers Doctrine

Summary The Enumerated Powers Doctrine is a reference to the foundational idea all specified power granted to governments are limited to the discrete set of powers specified within the government's charter (Constitution) and any power not specified is withheld from government. This is the philosophical basis underpining government formed under the auspices of constitutional Rule of Law. In the U.S., the Founders, Framers, Drafters and Ratifiers of the Constitution inaugurated just such governments in a federal structure - State and National government. The Founders operated under the idea, "enumeration presupposes something not enumerated," as explained by Chief Justice Marshall in Gibbons v. Ogden in 1824. All powers not enumerated are therefore withheld, and reserved, in our system, to the state governments (codified by the 10th Amendment). Often, however, intended power grants can be subverted by governments and one such example follows. In the Founding-era, it was clear the "police power" (or power to enact criminal statutes and penalties) was not granted to the Federal government beyond the four specific powers articulated in Article I, Section 8 of the Constitution)[1]. Such police power over U.S. citizens was retained by the States under their own sovereignty, but not conferred by enumeration to the Federal government beyond those four powers: criminalizing and punishing counterfeiting, piracy, other crimes on the high seas, and treason. The Supreme Court "rewrote" the Commerce Clause[2] of the Constitution (Article I, Section 8, Clause 3) to embody a new police power. Congress now regularly enacts laws often in the guise of regulating commerce, but in actuality in violation of the Commerce Clause's original intent[3] as understood in the "Dormant Commerce Clause."[4]

Sources: 1. United States v. Lopez, 514 US 549, 584-85

2. Gonzales v. Raich, 545 US 1, 70 (2005) (Thomas, J., dissenting)

3. The original intent of the Commerce Clause was solely to remove/reduce obstructions to commerce between states. See Florida v. United States HHS, 780 F. Supp. 2d 1256, 1276 (ND FL 2011).

4. The original intent is clearly understood by the Supreme Court in its "Dormant" Commerce Clause jurisprudence. See Tenn. Wine & Spirits Retailers v. Thomas, 139 S. Ct. 2449, 2460 (2019), but the Court selectively ignores the original intent across the rest of the Commerce Clause corpus juris. 174.247.81.94 (talk) 05:26, 1 November 2022 (UTC)

The Four Felonies

The Four Felonies

Summary

The Four Felonies is a reference to the enumerated power of Congress to enact felony statutes (also called the federal "power to punish" or "police power") specified in the U.S. Constitution. Article I Section 8, contains exactly two clauses: Clause 6 & 10, which delegate enforcement of three felonies to Congress. One additional clause in Article III provides the federal government power over a fourth crime. Thomas Jefferson elucidated the specific four when he wrote, "The Constitution ... delegated to Congress the power to punish Treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas and offenses against the law of nations, and no other crimes whatsoever ..."[1]

Jefferson went on to affirm the "express" effect of the Tenth Amendment was to leave all other criminal legislative power to the Sovereign states under their police powers - a power retained by, and exclusive to, the States.

Footnotes 1. Pilon, Roger. 2000. Chapter: "The Illegitimate War on Drugs" in After Prohibition. T. Lynch. The Cato Institute. 174.247.81.94 (talk) 05:27, 1 November 2022 (UTC)