Enumerated Powers
And Prohibitions
The legislative powers of Congress as enumerated in the Constitution of the United States are:
Article I, Section 8 -
The Congress shall have the power
to lay and collect taxes, duties, imposts and excises, to pay debts and provide for the
common defense and general welfare of the United States; but all duties, imposts and
excises shall be uniform throughout the United States.
To borrow money on the credit of
the United States.
To regulate commerce with foreign
nations, and among the several states, and with the Indian tribes;
To establish an uniform rule of
naturalization, and uniform laws on the subject of bankruptcies throughout the United
States;
To coin money, regulate the value
thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of
counterfeiting the securities and current coin of the United States;
To establish post offices and post
roads;
To promote the progress of science
and useful arts, by securing for limited times to authors and inventors the exclusive
right to their respective writings and discoveries;
To constitute tribunals inferior to
the Supreme Court;
To define and punish piracies and
felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of
marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no
appropriation of money to that use shall be for a longer term than two years.
To provide and maintain a navy;
To make rules for the government
and regulation of the land and naval forces;
To provide for calling forth the
militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming
and disciplining the militia, and for governing such part of them as may be employed in
the service of the United States, reserving to the states respectively, the appointment of
the officers, and the authority of training the militia according to the discipline
prescribed by Congress;
To exercise exclusive legislation
in all cases whatsoever, over such district (not exceeding ten miles square) as may, by
cession of particular states, and the acceptance of Congress, become the seat of the
government of the United States, and to exercise like authority over all places purchased
by the consent of the legislature of the state in which the same shall be, for the
erection of forts, magazines, arsenals, dockyards and other needful buildings; - And
To make all laws which shall be
necessary and proper for carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the United States, or in any
department or officer thereof.
LIMITATIONS ON POWERS GRANTED TO THE UNITED STATES:
Article II, Section 9 -
The migration or importation of
such persons as any of the states now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the year one thousand eight hundred and eight, but a
tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of
habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the
public safety may require it.
No bill of attainder or ex
post facto law shall be passed.
No capitation, or other
direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore
directed to be taken.
No tax or duty shall be laid
on articles exported from any state.
No preference shall be given
by any regulation of commerce or revenue to the ports of one state over those of another:
nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties
in another.
No money shall be drawn from
the Treasury, but in consequence of appropriations made by law; and a regular statement
and account of the receipts and expenditures of all public money shall be published from
time to time.
No title of nobility shall be
granted by the United States, and no person holding any office of profit or trust under
them, shall, without the consent of Congress, accept of any present, emolument, office, or
title, of any kind whatever, from any King, Prince, or foreign state.
POWERS PROHIBITED TO THE STATES:
Article 1, Section 10 -
No state shall enter into any
treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit
bills of credit; make any thing but gold and silver coin a tender in payment of debts;
pass any bill of attainder, ex post facto law, or any law impairing the obligation of
contacts, or grant any title of nobility.
No state shall, without the consent
of Congress, lay any imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws; and the net produce of all duties
and imposts, laid by any state on imports or exports, shall be for the use of the Treasury
of the United States; and all such laws shall be subject to the revision and control of
the Congress.
No state shall, without the
consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of
peace, enter into any agreement or compact with another state, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as will not admit of
delay.