specificity and vagueness

Question 1

specificity - enumerated powers
key parts of the constitution explicitly and specifically set out the powers of different branches known as enumerate powers for example

Answer 1

Article 1 Section 8 of the constitution sets out a number of specific powers held by congress , including the power to coin money , establish post offices and to raise support armies
the tenth amendment also sets out that any powers not delegated by the constitution are reserved to the sates

Question 2

vagueness - implied powers and the necessary and proper/elastic clause
many of the powers exercised by the fed gov and congress aren’t explicitly mentioned in the constitution instead they have been implied from the enumerated powers that are mentioned , for example

Answer 2

congress has the enumerated power to ‘ provide for the common defence and general welfare of the US ‘ from which it is implied that it can collect taxes to provide for defence even though it isn’t specifically set out

Question 3

the majority of implied powers come from the necessary and proper/elastic clause the final clause of article I and section 8 of the constitution , this clause states that

Answer 3

congress can make all laws ‘ necessary and proper ‘ to carry out the execution of the enumerated powers of congress or the fed gov
in the 1618 McCulloh vs Maryland case , the SC ruled that this clause granted congress implied powers along with its enumerated powers

Question 4

the commerce clause in Article I , Section 8 of the constitution gives congress the power to “ regulate commerce with foreign nations and among the several states “. in the majority of the 20th century this was interpreted by the SC as

Answer 4

giving congress broad regulatory power over the US as well as a range of other implied powers

Question 5

the 1964 civil rights act for example used the commerce clause to end racial segregation in whites ad other accommodation , it justified congress’ ability to do this by stating that

Answer 5

this accommodation was involved in interstate commerce . the SC upheld this in the heart of Atlanta motel v United States case in 1964

Question 6

in the United States v Lopez case in 1995 however the SC set limits on congress’ use of the commerce clause by ruling the the

Answer 6

1990 gun free zones act that limited the possession of a firearm within 1000 feet of a school was unconstitutional as the measure had nothing to do with interstate commerce