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Enumerated powers
The enumerated powers are a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authority of Congress.〔(U.S. Constitution Online )〕 In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.〔(Exploring Constitutional Conflicts, UMKC )〕 The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.〔Gardbaum, Stephen. "Congress's Power to Pre-Empt the States", ''Pepperdine Law Review'', Vol. 33, p. 39 (2005).〕〔Bardes, Barbara et al. ''American Government and Politics Today: The Essentials'' (Cengage Learning, 2008).〕
== List of enumerated powers ==
Several amendments explicitly grant Congress additional powers. For example, the Sixteenth Amendment grants the power to "lay and collect taxes on incomes, from whatever source derived." This statement about the Sixteenth Amendment basically quotes the amendment but opens the door for an erroneous understanding of the purpose of the amendment. The Supreme Court specifically states that the Sixteenth Amendment provided Congress with no new taxing powers.
". . . The provisions of the Sixteenth Amendment conferred no new power of taxation but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged . . ." Stanton v. Baltic Mining Co., 240 U.S. 103, 112-13 (1916),
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