The federal government of the U.S. has the power to do what?

Federal Powers

Express powers: Powers that the Constitution explicitly grants the federal government. These include the powers to:

Collect taxes

Regulate interstate commerce

Coin money, regulate currency, set standards of weights and measures

Declare war

Raise and maintain an army and navy

Implied powers: Based on the elastic clause (Art. I, § 8, cl. 5), powers considered “necessary and proper” for carrying out the enumerated (or express) powers

For example, in 1791, Federalists in Congress argued that the creation of a national bank was “necessary and proper” for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress’s right to found this national bank.

Denied powers: Powers that the Constitution explicitly denies to the federal government. These include:

The writ of habeas corpus cannot be suspended unless in cases of rebellion or invasion, when deemed necessary to national safety.

No bill of attainder or ex post facto law can be passed.

“Supreme law of the land”: the Constitution and federal laws take precedence over state laws (Art. 6)