What are the limits of federal power under the US Constitution?
The federal government is limited by the US Constitution in its power. This document, adopted in 1787, outlines the governing powers of the federal government and reserves all other powers to the states or to the people. The limits of federal power under the US Constitution can be found in two main areas: First, the Constitution lays out the “enumerated powers” of the federal government, including the power to declare war, regulate interstate and foreign commerce, establish a postal system, and lay and collect taxes. These and other enumerated powers are outlined in Article 1, Section 8 of the Constitution. Second, the Tenth Amendment to the Constitution provides that any power not explicitly granted to the federal government is reserved to the states or the people. As such, the federal government cannot interfere with the states’ ability to create and enforce laws. Moreover, the Constitution protects fundamental rights and liberties, such as the right to free speech, freedom of religion, freedom from unreasonable search and seizure, and much more. In sum, the Constitution limits the federal government’s power by explicitly reserving some powers to the states and by protecting certain rights and liberties. In Alaska, these limits on federal power ensure that the citizens of Alaska can freely exercise their rights and that the State of Alaska retains control over many issues.
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