Federal Powers: Enumerated & Implied

The U.S. Constitution delegates important powers to the federal government.  Some of these powers were explicitly listed in the U.S. Constitution; others were not. 

Enumerated Powers

Powers specifically listed in the U.S. Constitution and granted exclusively to the federal government are also referred to as ENUMERATED POWERS.  Enumerated powers of the national government (most of which belong to Congress) include, but are not limited to:

  • coining money
  • regulating interstate and foreign commerce
  • conducting foreign affairs
  • establishing rules of naturalization
  • declaring war
  • raising and supporting armies
  • making “laws which shall be necessary and proper” in carrying out other enumerated powers

Implied Powers

Most of the growth in power in the federal government over the past 200+ years has resulted in the emergence of IMPLIED POWERS, which are derived from broader interpretations of enumerated powers, such as Congress’s power to regulate interstate commerce (i.e., COMMERCE CLAUSE) or its power to “make all laws which shall be necessary and proper” for carrying out other enumerated powers (i.e., ELASTIC CLAUSE).  Today, most of what the federal government does falls under the umbrella of the federal government’s implied powers.