Powers of Congress

Article 1, Section 8 lists the powers of Congress as:

  1.  lay & Collect taxes, pay debts, provide for the common defense and welfare
  2.  borrow money
  3.  regulate commerce
  4.  establish uniform rules of naturalization
  5.  coin and regulate money, standard weights and measures
  6.  provide punishment for counterfeiting
  7.  establish post offices and post roads
  8.  promote science & arts–patients, copyrights, etc.
  9.  establish inferior courts
10.  define punishment for piracies & national laws
11.  declare war
12.  raise & support armies
13.  provide & maintain a navy
14.  establish rules for land & naval forces (war powers act)
15.  call upon the militia if necessary
16.  organize & train the militia
17.  organize & govern the District of Columbia & other federal property
18.  “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 Sates, or in any department or office thereof.
 

CONGRESSIONAL POWERS EXPANDED BY CONSTITUTIONAL INTERPRETATION

The Supreme Court under Chief Justice John Marshall:

     Marbury v. Madison – 1803, strict interpretation to strengthen the court

     McCulloch v. Maryland – 1819, broad interpretation to strengthen the national government
                "implied powers" doctrine

       "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are approproate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution are Constitutional."

10th 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.