Limiting Government's Power

Limiting Government's Power

The term “enumerated powers” refers to the powers of the Congress and, by implication, the powers of the federal government specifically listed in Article I, Section 8 of the U.S. Constitution and in subsequent amendments. The powers listed in Article I, Section 8, include to punish counterfeiting; to establish post offices and post roads; to set patent and copyright laws, thereby protecting and encouraging inventors and writers; to establish other federal courts inferior to the Supreme Court; to define and punish piracy and other offenses against the law of nations occurring beyond the boundaries of individual states; to declare war, provide funds for the military, and set rules for those in military service (Dahl, 2006).



Derivation of Implied Powers

By enumerating powers, the framers of the Constitution intended to suggest that the powers of government should be limited, but how limited? In making this list, did the founding fathers intend to suggest the categories of powers the new national government would have, or did they intend the new national government should have only these specific powers? This “necessary and proper,” or “sweeping,” clause supports a claim that Article I, Section 8 contains broad categories of powers, giving Congress the power to select appropriate means to carry them into effect (Beramendi & Anderson, 2008).

Another clear but quite different answer is based on the Tenth Amendment. For the new Constitution to go into effect, nine or more state conventions had to approve the new document. Many Americans, especially those fearing that the new national government would have too much power, insisted that the first Congress propose amendments limiting the powers of the new national government. Opponents of the new Constitution were called “Antifederalists.” Those favoring the new Constitution, the Federalists, agreed to add amendments limiting powers of the new government. James Madison, the father of the Constitution and a leading Federalist, proposed amendments in a speech before the House of Representatives. Congress proposed and the states quickly ratified the first ten amendments, called the Bill of Rights. Most provisions in the Bill of Rights were intended to limit action by the new national government (including the exercise of enumerated powers).

This “implied rights” doctrine flowing from the McCulloch decision is the constitutional basis for many actions by the national government (such as funding school lunch programs) that are not specifically mentioned in Article I, Section 8. Congress also often accomplishes ...