АҚШ Конгресінің Конституциялық өкілеттері

Powers granted to the government of the US
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.

There are differences of opinion on whether current interpretation of enumerated powers as exercised by Congress is constitutionally sound. One school of thought is called strict constructionism. Strict constructionists refer to a statement on the enumerated powers by Chief Justice Marshall in the case McCulloch v. Maryland:
<blockquote>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.

The defining example of the Necessary and Proper Clause in U. S. history was McCulloch v. Maryland in 1819. The United States Constitution says nothing about establishing a national bank. The U. S. government established a national bank that provided part of the government's initial capital. In 1819 the federal government opened a national bank in Baltimore, Maryland. In an effort to tax the bank out of business, the government of Maryland imposed a tax on the federal bank. James William McCulloch, a cashier at the bank, refused to pay the tax. Eventually the case was heard before the U. S. Supreme Court. Chief Justice John Marshall held that the power of establishing a national bank could be implied from the U. S. Constitution. Marshall ruled that no state could use its taxing power to tax an arm of the national government.

The case of United States v. Lopez in 1995 held unconstitutional the Gun Free School Zone Act because it exceeded the power of Congress to "regulate commerce among the several states". Chief Justice William Rehnquist wrote, "We start with first principles. The Constitution creates a Federal Government of enumerated powers." For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause. In National Federation of Independent Business v. Sebelius, the Supreme Court held that the Commerce Clause did not give Congress the authority to require individuals to purchase health insurance. However, since the court ruled that Congress's taxing authority was sufficient to enact the mandate, some constitutional lawyers have argued that the commerce clause discussion should be treated as judicial dictum. Chief Justice John Roberts, in his majority opinion, stated that:

[T]he statute reads more naturally as a command to buy insurance than as a tax, and I would uphold it as a command if the Constitution allowed it. It is only because the Commerce Clause does not authorize such a command that it is necessary to reach the taxing power question. And it is only because we have a duty to construe a statute to save it, if fairly possible, that §5000A can be interpreted as a tax. Without deciding the Commerce Clause question, I would find no basis to adopt such a saving construction. is a proposed law that would require all bills introduced in the U. S. Congress to include a statement setting forth the specific constitutional authority under which each bill is being enacted. From the 104th Congress to the 111th Congress, U. S. Congressman John Shadegg introduced the Enumerated Powers Act, although it has not been passed into law. At the beginning of the 105th Congress, the House of Representatives incorporated the substantive requirement of the Enumerated Powers Act into the House rules.

The Enumerated Powers Act is supported by leaders of the U. S. Tea Party movement. National Tea Party leader Michael Johns has said that progressives often "see the Constitution as an impediment to their statist agenda. In almost all cases, though, there is very little thought or dialogue given to what should be the first and foremost question asked with every legislative or administrative governmental action: Is this initiative empowered to our federal government by the document's seven articles and 27 amendments? In many cases, the answer is no." "For this reason," Johns said, "we also strongly support the Enumerated Powers Act, which will require Congress to justify the Constitutional authority upon which all legislation is based."