Article I Section 8

Big Picture

Lists enumerated powers of Congress

Mostly about economic, military, and structural authority

Source of many federal power disputes

Taxing & Spending

Power to lay and collect taxes, duties, imposts

Borrow money on credit of US

Commerce Power

Regulate commerce:

Between states

With foreign nations

With Native tribes

Money & Finance

Coin money & establish uniform standards of measure

Punish counterfeiting

Establish post offices and roads

Establish a uniform rule of naturalization and laws of bankrupcy

War & Military

Declare war, grant letter of marque and reprisal

Raise & support armies

Provide & maintain a navy

Regulate the armed forces

Call for the militia (to execute laws of the union, suppress insurrection, repel invasion)

Provide for organizing, supporting, and discipling of the militia

National Security (non-military)

Define & punish:

Piracy

Felonies on the high seas

Offenses against international law (case: McCulloch v. Maryland)

Courts & Law

Create lower federal courts

Grant patents and copyrights

Territories & Property

Exercise exclusive legislation of the District of Columbia and military installations

Necessary & Proper Clause

Make laws necessary and proper to carry out listed powers

Limits

Congress only has powers listed here

10th Amendment reserves other powers to states

Section 9 lists explicit limits (A.L.A. Schechter Poultry Corp. v. United States + Loper Bright Enterprises v. Raimondo + Motor Vehicle Manufacturers Assn. v. State Farm)