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Article I  Legislative Branch

  • Section 8 Enumerated Powers

    • ArtI.S8.1  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;

    • Clause 2 Borrowing

    • To borrow Money on the credit of the United States;

    • Clause 3 Commerce

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

      • ArtI.S8.C3.5 Historical Background
      • ArtI.S8.C3.6 Modern Doctrine
      • ArtI.S8.C3.7 Dormant Commerce Clause
        • ArtI.S8.C3.7.1  Overview of Dormant Commerce Clause
        • ArtI.S8.C3.7.2  Historical Background on Dormant Commerce Clause
        • ArtI.S8.C3.7.3  Early Dormant Commerce Clause Jurisprudence
        • ArtI.S8.C3.7.4  Modern Dormant Commerce Clause Jurisprudence Generally
        • ArtI.S8.C3.7.5  General Prohibition on Facial Discrimination
        • ArtI.S8.C3.7.6  State Proprietary Activity (Market Participant) Exception
        • ArtI.S8.C3.7.7  Congressional Authorization of Otherwise Impermissible State Action
        • ArtI.S8.C3.7.8  Facially Neutral Laws and Dormant Commerce Clause
        • ArtI.S8.C3.7.9  Local Laws and Traditional Government Functions
        • ArtI.S8.C3.7.10  Foreign Commerce and State Powers
        • ArtI.S8.C3.7.11 State Taxation
          • ArtI.S8.C3.7.11.1  Overview of State Taxation and Dormant Commerce Clause
          • ArtI.S8.C3.7.11.2  Early Dormant Commerce Clause Jurisprudence and State Taxation
          • ArtI.S8.C3.7.11.3  Modern Dormant Commerce Clause Jurisprudence and State Taxation
          • ArtI.S8.C3.7.11.4  Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce
          • ArtI.S8.C3.7.11.5  Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce
          • ArtI.S8.C3.7.11.6  Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce
          • ArtI.S8.C3.7.11.7  Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce
      • ArtI.S8.C3.9 Indian Tribes
        • ArtI.S8.C3.9.1  Scope of Commerce Clause Authority and Indian Tribes
        • ArtI.S8.C3.9.2  Restrictions on State Powers, Indian Tribes, and Commerce Clause
    • Clause 5 Standards

    • To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

    • Clause 6 Counterfeiters

    • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

    • Clause 7 Post Offices

    • To establish Post Offices and post Roads;

      • ArtI.S8.C7.1  Historical Background on Postal Power
      • ArtI.S8.C7.2  Power to Protect the Mails
      • ArtI.S8.C7.3  Power to Prevent Harmful Use of Postal Facilities
      • ArtI.S8.C7.4  Exclusive Power Over Post Offices as an Adjunct to Other Powers
      • ArtI.S8.C7.5  Restrictions on State Power Over Post Offices
    • Clause 8 Intellectual Property

    • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      • ArtI.S8.C8.1  Overview of Congress's Power Over Intellectual Property
      • ArtI.S8.C8.2 Historical Background
    • Clause 9 Courts

    • To constitute Tribunals inferior to the supreme Court;

    • Clause 10 Maritime Crimes

    • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

    • Clause 11 War Powers

    • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    • Clause 12 Army

    • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

    • Clause 13 Navy

    • To provide and maintain a Navy;

    • Clause 14 Land and Naval Forces Rules

    • To make Rules for the Government and Regulation of the land and naval Forces;

    • Clause 15 Calling Militias

    • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

    • Clause 16 Organizing Militias

    • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

    • Clause 17 Enclave Clause

    • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

    • Clause 18 Necessary and Proper Clause

    • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      • ArtI.S8.C18.1  Overview of Necessary and Proper Clause
      • ArtI.S8.C18.2  Historical Background on Necessary and Proper Clause
      • ArtI.S8.C18.3  Necessary and Proper Clause Early Doctrine and McCulloch v. Maryland
      • ArtI.S8.C18.4  Nineteenth Century Evolution of Necessary and Proper Clause Jurisprudence
      • ArtI.S8.C18.5  Modern Necessary and Proper Clause Doctrine
      • ArtI.S8.C18.6  Meaning of Proper
      • ArtI.S8.C18.7 Investigations and Oversight
        • ArtI.S8.C18.7.1  Overview of Congress's Investigation and Oversight Powers
        • ArtI.S8.C18.7.2  Historical Background on Congress's Investigation and Oversight Powers
        • ArtI.S8.C18.7.3  Congress's Investigation and Oversight Powers (1787–1864)
        • ArtI.S8.C18.7.4  Congress's Investigation and Oversight Powers (1865–1940)
        • ArtI.S8.C18.7.5  Congress's Investigation and Oversight Powers (1940–1970)
        • ArtI.S8.C18.7.6  Rules-Based Limits of Congress's Investigation and Oversight Powers
        • ArtI.S8.C18.7.7  Constitutional Limits of Congress's Investigation and Oversight Powers
        • ArtI.S8.C18.7.8  Watergate, Church, and Pike Investigations of Congress
        • ArtI.S8.C18.7.9  Congress's Investigatory Powers Generally
        • ArtI.S8.C18.7.10  Congress's Investigatory Powers and the President
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