Section 8 Enumerated Powers

prev | next

Section 8 Enumerated Powers

• Overview of Congress's Enumerated Powers

• Clause 1 General Welfare

  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;

  • Taxing Power

    • Overview of Taxing Clause

    • Historical Background on Taxing Power

    • Uniformity Clause and Indirect Taxes

    • Taxes to Regulate Conduct

    • Intergovernmental Tax Immunity Doctrine

  • Spending Power

    • Overview of Spending Clause

    • Historical Background on Spending Clause

    • Early Spending Clause Jurisprudence

    • Modern Spending Clause Jurisprudence Generally

    • Clear Notice Requirement and Spending Clause

    • Anti-Coercion Requirement and Spending Clause

    • General Welfare, Relatedness, and Independent Constitutional Bars

• Clause 2 Borrowing

  To borrow Money on the credit of the United States;

  • Borrowing Power of Congress

• Clause 3 Commerce

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

  • Overview of Commerce Clause

  • Meaning of Commerce

  • Meaning of Among the Several States in the Commerce Clause

  • Meaning of Regulate in the Commerce Clause

  • Historical Background

    • Sherman Antitrust Act of 1890 and Sugar Trust Case

    • Current of Commerce Concept and 1905 Swift Case

    • Packers and Stockyards Act of 1921 and Grain Futures Act of 1922

    • New Deal Legislation Generally

    • National Industrial Recovery and Agricultural Adjustment Acts of 1933

    • Railroad Retirement and Securities Exchange Acts of 1934

    • Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935

    • National Labor Relations Act of 1935

    • Agricultural Marketing Agreement Act of 1937

    • Fair Labor Standards Act of 1938

    • Dual Federalism and Commerce Clause

  • Modern Doctrine

    • United States v. Lopez and Interstate Commerce Clause

    • Channels of Interstate Commerce

    • Persons or Things in and Instrumentalities of Interstate Commerce

    • Intrastate Activities Having a Substantial Relation to Interstate Commerce

    • Limits on Federal Regulation of Intrastate Activity

    • Regulation of Activity Versus Inactivity

    • Regulation of Interstate Commerce to Achieve Policy Goals

    • Civil Rights and Commerce Clause

    • Criminal Law and Commerce Clause

  • Dormant Commerce Clause

    • Overview of Dormant Commerce Clause

    • Historical Background on Dormant Commerce Clause

    • Early Dormant Commerce Clause Jurisprudence

    • Modern Dormant Commerce Clause Jurisprudence Generally

    • General Prohibition on Facial Discrimination

    • State Proprietary Activity (Market Participant) Exception

    • Congressional Authorization of Otherwise Impermissible State Action

    • Facially Neutral Laws and Dormant Commerce Clause

    • Local Laws and Traditional Government Functions

    • Foreign Commerce and State Powers

    • State Taxation

      • Overview of State Taxation and Dormant Commerce Clause

      • Early Dormant Commerce Clause Jurisprudence and State Taxation

      • Modern Dormant Commerce Clause Jurisprudence and State Taxation

      • Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce

      • Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce

      • Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce

      • Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce

  • Foreign

    • Overview of Foreign Commerce Clause

    • Instruments of Commerce

  • Indian Tribes

    • Scope of Commerce Clause Authority and Indian Tribes

    • Restrictions on State Powers, Indian Tribes, and Commerce Clause

• Clause 4 Uniform Laws

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

  • Naturalization

    • Overview of Naturalization Clause

    • Post-1900 Naturalization Doctrine Generally

    • Historical Background

      • British and American Colonial Naturalization

      • Constitutional Convention and Naturalization

      • [Early U.S. Naturalization Laws](https://www.