Not all powers of Congress in Art. I Sec. 8

Judge Andrew Napolitano (and others) continues to repeat the error of saying all the powers delegated to Congress are contained in Art. I Sec. 8. He needs to correct his misstatements. Here are some additional powers not in that section:

Art. I Sec. 4:
"the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."
"appoint a different Day."
Art. I Sec. 9:
Power to suspend habeas corpus "in Cases of Rebellion or Invasion".
Art. I Sec. 10:
Power to consent to exercise certain powers by states.

Art. II Sec 1:
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
Power to compensate President.

Art. III Sec. 2:
"Exceptions, and under such Regulations as the Congress shall make."
Sec. 3:
Power to punish for treason.

Art. IV Sec. 1:
"prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
Sec. 3:
Admit states into Union.
"The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States"
Sec. 4:
Power to "guarantee to every State in this Union a Republican Form of Government ... and protect them".

Art. V:
Power to propose amendments, call convention, or prescribe "Mode of Ratification".

The Constitution itself, in Art. I Sec. 8 Cl. 18, refers to powers outside Sec. 8:

"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."


Craig said...

Not to mention the 14th Amendment.

Unknown said...

Yes, but aren't all of the powers expressed outside of Art. 1, Sect. 8 merely procedural duties? None of them seem to relate directly to the relationship of government to the people.


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