enumerated powers
Enumerated powers are the specific powers granted to the federal government, and especially to Congress, under the U.S. Constitution. Most of these powers are listed in Article I, Section 8. They include the authority to levy and collect taxes, duties, imposts, and excises; to pay debts; to provide for the common defense and general welfare; to regulate commerce with foreign nations and among the states; to establish lower federal courts; to coin money; to raise and support armed forces; to declare war; and to maintain a postal system. In all, Article I, Section 8 contains 27 distinct clauses expressly delegating powers to Congress.
Although all enumerated powers are important, several clauses have played an especially prominent role in constitutional law:
The Commerce Clause (Art. I, § 8, cl. 3) authorizes Congress to regulate commerce with foreign nations, among the states, and with Native tribes. From early on, the Supreme Court has recognized this power to be broad in scope. In Gibbons v. Ogden, 22 U.S. 1 (1824), the Supreme Court recognized Congress’s broad power to regulate interstate commerce. In that case, the Supreme Court struck down a New York law that granted an exclusive steamboat operating license, determining that federal law regulating coastal trade took precedence. The Court emphasized that the Commerce Clause gave Congress authority not only over the exchange of goods but also over navigation and other activities that cross state lines, firmly establishing the principle of federal supremacy in regulating interstate commerce. In Wickard v. Filburn, 317 U.S. 111 (1942), the Court upheld the regulation of wheat grown for personal consumption, reasoning that cumulative local activity could affect interstate commerce. That reasoning carried forward into the modern era in Gonzales v. Raich, 545 U.S. 1 (2005), which sustained federal regulation of homegrown cannabis despite state laws permitting medical use.
At the same time, the Court has emphasized that the commerce power is not without limits. In United States v. Lopez, 514 U.S. 549 (1995), the Court struck down a law banning guns near schools, holding that it exceeded Congress’s commerce power because the regulated activity was not substantially related to interstate commerce. In National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), the Court further limited Congress’s commerce power by holding that Congress could not compel individuals to engage in commerce through the Affordable Care Act’s individual mandate.
The Taxing and Spending Clause (Art. I, § 8, cl. 1) grants Congress authority to collect taxes and spend for the general welfare. The Supreme Court has interpreted this power broadly. In South Dakota v. Dole, 483 U.S. 203 (1987), the Court upheld Congress’s ability to condition federal highway funds on states adopting a minimum drinking age of 21, so long as the conditions served a federal interest and were not coercive. NFIB v. Sebelius added a limit here as well; the Court ruled that Congress could not force states to expand Medicaid by threatening to withdraw all existing Medicaid funding, as such a measure crossed the line from encouragement to coercion.
The Necessary and Proper Clause (Art. I, § 8, cl. 18) gives Congress the authority to make laws needed to carry out its enumerated powers. This clause ensures Congress has the means to implement the powers spelled out in the Constitution, reinforcing the scope of the enumerated list. It is also the basis for implied powers, which are not explicitly stated in the Constitution but are recognized as legitimate when they are needed to carry out the enumerated powers. The leading case interpreting implied powers is McCulloch v. Maryland, 17 U.S. 316 (1819), where the Court upheld Congress’s authority to establish a national bank, even though no clause explicitly granted such a power.
Inherent powers differ from both enumerated and implied powers. They are not textually specified but are understood to arise from the nature of national sovereignty itself, such as conducting foreign affairs or regulating immigration.
The enumerated powers provide the textual foundation for congressional authority, defining what Congress may do while leaving other powers to the states or to the people. Over time, judicial interpretation (especially of the Commerce Clause, the Taxing and Spending Clause, and the Necessary and Proper Clause) has shaped the balance between federal and state authority, showing that the scope of enumerated powers is both limited by the Constitution’s text and dynamic in its application.
[Last reviewed in September of 2025 by the Wex Definitions Team]
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