data pertinent to the clause 361
Clause 2. Not to levy duties on exports and imports 362
Duties on exports and imports 362
Scope 362
Privilege taxes 363
Property taxes 364
Inspection laws 364
Clause 3. Not to lay tonnage duties, keep troops, make
compacts, or engage in war 365
Tonnage duties 365
Keeping troops 366
Interstate compacts 366
Background of clause 366
Subject matter of interstate compacts 368
Consent of Congress 368
Grants of franchise to corporation by two States 369
Legal effect of interstate compacts 369

LEGISLATIVE DEPARTMENT

Article I

Section 1. All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist of a
Senate and House of Representatives.

Doctrine of Enumerated Powers

Two important doctrines of Constitutional Law--that the Federal
Government is one of enumerated powers and that legislative power may
not be delegated--are derived in part from this section. The classical
statement of the former is that by Chief Justice Marshall in McCulloch
_v._ Maryland: "This government is acknowledged by all, to be one of
enumerated powers. The principle, that it can exercise only the powers
granted to it, would seem too apparent, to have required to be enforced
by all those arguments, which its enlightened friends, while it was
depending before the people, found it necessary to urge; that principle
is now universally admitted."[1] That, however, "the executive power" is
not confined to the items of it which are enumerated in article II was
asserted early in the history of the Constitution by Madison and
Hamilton alike and is today the doctrine of the Court;[2] and a similar
latitudinarian conception of "the judicial power of the United States"
was voiced in Justice Brewer's opinion for the Court in Kansas _v._
Colorado.[3] But even when c