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National Emergencies Do Not Expand Constitutional Power

What powers does the Constitution give the federal government?

There are two types of powers given to the federal government by the Constitution: delegated and implied.

Delegated powers constitute a specifically stated list of 27 powers. Among the powers granted are those to declare war, maintain armed forces, coin money, regulate commerce, and establish a post office. These and the rest of the 27 powers can be found in Article I, Section 8 of the US Constitution.

Implied powers are not specifically stated, as the name suggests. They are inferred from the “necessary and proper” clause, also found in Article I, Section 8. This clause grants Congress the ability “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States.”