What are the limits of federal power under the US Constitution?

The US Constitution serves to limit the power of the federal government. In order to understand the limits of federal power, we need to look at the enumerated powers outlined in Article 1, Section 8. These powers are divided into three categories: the “express” powers, the “implied” powers, and the “inherent” powers. The “express” powers are those that are explicitly enumerated in the Constitution, such as the power to tax, to coin money, to regulate commerce, and to raise and maintain an army and navy. These powers are considered to be the most important and are strictly limited by the Constitution. The “implied” powers are those powers which the federal government can exercise if it can be reasonably argued that they are necessary to carry out the express powers. Examples of this include the power to regulate labor and environmental standards. Lastly, the “inherent” powers are those which are not explicitly enumerated in the Constitution, but are implied by the very nature of the federal government as a loose union of states. These include the power to regulate immigration and to issue passports. In sum, the US Constitution limits the federal government’s power by enumerating certain express powers, implying others, and protecting the reserved authority of the states. While the federal government has the authority to exercise a certain degree of power, it is strictly limited in the scope of that power by the Constitution.

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What are the limits of federal power under the US Constitution?

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