One thought on “Enumerated Powers Act

  1. Andrew Grossman of the Heritage Foundation provides a more extensive review of the Enumerated Powers Act and its meaning. Highlights:

    The Constitution—the textual font of all the federal government’s powers—should play a leading role in the legislative process, but today it is conspicuous in the Capitol only for its absence from both chambers’ debates. The Enumerated Powers Act would not force Members to confront constitutional issues head-on in every piece of legislation that they introduce—as they are duty-bound to do—but would provide at least some small perch for constitutional considerations and an opportunity for Congress to consider how the aims of the legislation comport with the constitutional design.

    “The Constitution creates a federal government of enumerated powers,” not one of general power, such as those of the states. Whereas the states may legislate in nearly any area, save for those foreclosed by federal exclusivity and the natural rights of the people, the federal government is limited to those few powers that it was expressly granted in the Constitution.

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