Enumerated and implied powers of the US federal government

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Enumerated and implied powers of the US federal government발음듣기

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[Instructor] In this video we're gonna focus on enumerated powers versus implied powers for the federal government.발음듣기

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Enumerated just means powers that have been made explicit that are clear, that have been enumerated that have been listed some place while implied powers are ones that maybe aren't as clear.발음듣기

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Maybe they haven't been explicitly listed but they are assumed because of certain wording or just in order to do the enumerated powers and this is a really important concept.발음듣기

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Because in any federal system where you have multiple layers you have the federal government you have the state governments and of course you also have the local governments.발음듣기

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But this idea of what powers go to the federal government versus the state government is a super important one.발음듣기

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And it's a matter of significant debate and it has changed over time so to just get our base line understanding.발음듣기

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Let's sample some of the enumerated powers to the federal government inside of the United States Constitution.발음듣기

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So, this right over here is Article One, Section Eight of the United States Constitution.발음듣기

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I'm not going to read it in its entirety we'll focus on some of these powers in more detail in other videos.발음듣기

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But I will sample it and focus on some of the clauses that have been especially cited and have been especially relevant to the world that we live in.발음듣기

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So, just to sample so the Congress shall have the power to lay and collect taxes, duties, imposts and excises so these are very clear enumerated powers.발음듣기

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It's listing what the Congress has the power to do.발음듣기

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The Congress can borrow money on the credit of the United States.발음듣기

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Once again, a very clear enumerated power.발음듣기

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To regulate commerce with foreign nations and among the several states and with the Indian tribes.발음듣기

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Now, this clause right over here and this is now referred to as the Commerce Clause might not really stand out to you.발음듣기

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It might not stand out to you relative to the right to conduct foreign affairs or something that seems very big and dramatic like that.발음듣기

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But it turns out that the Commerce Clause is viewed as one of the significant clauses that gives the federal government significant rights.발음듣기

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And it's considered to have really three enumerated rights embedded in it.발음듣기

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You have the regulation of commerce with foreign nations the regulation of commerce among the several states and with the Indian tribes.발음듣기

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And it's the middle one that is viewed as giving the federal government a lot of power because even though it might seem okay.발음듣기

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Well we're just talking about commerce between states it's been used to justify things like federal drug laws that even if a state argues.발음듣기

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Hey we are just going to say legalize marihuana within our states, the federal government has cited that your legalization of marihuana is going to affect commerce between states.발음듣기

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And we'll go into more depth in that in future videos but the Commerce Clause is a key enumerated right that's given in the constitution that is viewed as giving the federal government fairly broad authority.발음듣기

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But, let's continue.발음듣기

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To establish a uniform rule of naturalization.발음듣기

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Who becomes an American?발음듣기

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Uniform laws on the subject of bankruptcy.발음듣기

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Keep going, I always encourage you to look at this in context in the actual constitution.발음듣기

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That is always interesting.발음듣기

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The reason why I listed all of these out even though I'm not going to read them is that it's just interesting to see how many of these enumerated rights there are.발음듣기

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But I'm going to focus on the last clause because this one is in a lot of ways a lot bigger than all of the other ones.발음듣기

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It says to makes all laws which shall be necessary and proper for carrying into execution the foregoing powers.발음듣기

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And all other powers vested by this constitution in the government of the United States or in any department or officer thereof.발음듣기

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Pause this video.발음듣기

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Think about why this is a very, very, very big deal.발음듣기

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Well, the previous 17 clauses were very explicit.발음듣기

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They were enumerated powers about what the federal government has the power to do but his one here is making a much broader statement.발음듣기

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It's saying to make all laws which shall be necessary and proper for carrying into execution the foregoing powers the enumerated powers that were in the last 17 clauses.발음듣기

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And so, this is known as the Necessary and Proper Clause which you will hear a lot about Necessary and Proper and it provides for a lot of implied powers.발음듣기

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Because it's essentially saying look there's things that we haven't listed in the enumerated powers in the previous 17 clauses.발음듣기

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But the federal government has the right to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.발음듣기

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And so, even when I was talking about say federal drugs laws.발음듣기

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It's really the combination of the Commerce Clause and the Necessary and Proper Clause that allows the federal government to make some of these broader arguments that says okay.발음듣기

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We regulate commerce and in order to regulate commerce we need to regulate drugs because it is necessary and proper for regulating interstate commerce.발음듣기

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So we're gonna talk more and more about this especially when we look at specific constitutional cases that will cite these clauses.발음듣기

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But it's really important to appreciate what enumerated powers are and what implied powers are which the Necessary and Proper Clause gives a lot of and the anti-federalists really did not like this 18th clause.발음듣기

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Understanding the ideas of enumerated and implied powers is going to be really helpful as we study the various disputes over state versus federal powers throughout American history.발음듣기

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And how it is decided on by say the Supreme Court when they cite the constitution and in particular cite some of the clauses that we have just looked at.발음듣기

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