Enumerated Powers

The following is from my previous blog on Yahoo!360 and lists the powers that the Founding Fathers allocated to the federal government.  Everything else was for the States and the People:

I have often cited Article 1, Section 8 of the Constitution as listing the explicit duties of the Federal Government. The list is amazingly short since most functions were to be left to the States. There have been amendments that expanded the role of government (Income Tax, Votes for Women, Prohibition, etc.) but I'll leave those for a later discussion. For now, here - with some explanation - is the mentioned section:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

This grants taxing power to the Federal Government, a switch from the Articles of Confederation where such power was not granted. The "common Defense and general Welfare" refer to the remaining clauses and should not be taken as a wild card justification for government spending.

To borrow Money on the credit of the United States;

Yes, the Federal Government is authorized to borrow. The deficit is Constitutional.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

The Federal government was granted authority to regulate commerce among - though not within - the States. This has been expanded by crazy judges so that a farmer growing extra corn for personal use within one State was found guilty of breaking interstate commerce laws.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Here we have immigration and bankruptcy, a strange combination.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Yes, the government can print money and decide on exchange rates. It also allows for determining how heavy is a ounce, how far is a mile, etc.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Here we have the clause that justifies the Secret Service.

To establish Post Offices and post Roads;

This justifies government built roads for the purpose of mail. I suspect the Interstate System rests on this brief clause.

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;

Here we have the authority for Patents and Copyright law.

To constitute Tribunals inferior to the supreme Court;

This allowed the Congress to establish the various circuit courts and Federal Courts.

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

The sea became the province of the Feds with the Constitution.

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Somewhat archaic, this provides for privateers (Letters of Marque) and also sale of captured ships. Only the 'declare War' is really applicable today.

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Military spending isn't unconstitutional? Who would have guessed?

To provide and maintain a Navy;

Yes, the Federal government is supposed to have a Navy, you crazy peaceniks.

To make Rules for the Government and Regulation of the land and naval Forces;

I suppose this provides for creating ranks, writing the Uniform Code of Military Justice, the Joint Chiefs of Staff, and all the other various things required for running a military.

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Here we have the National Guard. Oddly, this seems to indicate that the Guard should only be used domestically.

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;

Ah, I spoke too soon on Clause 15. Here we allow wider latitude in use of the Militia (National Guard).

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 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, dock-Yards, and other needful Buildings;–And

This provides for the District of Columbia. This also argues against DC Statehood. The Framers didn't want the capitol in a specific state since that would create a natural favoritism to that state by all members of government. It also provides for federal property in the states for federal buildings and forts.

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.

This is the catch-all clause though it is limited by the stated powers.

I'd like to point out that much of what the Federal Government now does is not listed within the limited powers above. It has far exceeded its authority, usurping power from the States and the people. The Founders wanted a 'limited' government.

The Framers wrote the Constitution so that the average person could understand it. It was not by mistake that Hammurabi's Code was posted publicly so that all could read it. The same was true of the Twelve Tables of Rome. When law gets too complicated for the people to understand, the people cease to rule and lawyers/judges take over.