Enumerated powers entail the list of legal items defined under Article I, Section 8 of the United States Constitution that establish the authoritative threshold of the Congress. It cites that the congress may operate within the powers granted by the constitution which are restricted explicitly by the Bills of Rights and other constitutional protections. Under article 1, the Necessary and Proper clause cites that “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”. This clause for proper implementation should be read and understood in a broad sense, an opinion held by many of the loose construction school of thought such as Alexander Hamilton. The loose construction interpretation creates room for flexibility to authorize the effective implementation of many implied powers.
The stance held by many anti-federalists who happen to be predominantly strict constructionist presents an archaic mindset on leadership and authority. The narrow interpretation of the enumerated powers and necessary and proper clause seeks to make a weak federal government. A weak federal government would translate to poor implementation or execution of powers as granted in the constitution. The focus of many anti-federalists was to ultimately curtail the power and effectiveness of the constitution. James Madison, an anti-federalist, was one of the rational federalists that opposed the weakening of the central government.
I don’t approve the addition of the ninth and tenth amendments in the Bill of Rights. I hold a similar view with Alexander Hamilton that specifying certain rights in the constitution while excluding others would be a big disfavor to the American citizens. It is virtually impossible to record all rights “retained by the people”. This consequentially translates to surrendering several specified rights to the government. It is redundant as it limits the government from doing things that it is not authorized to carry out in the constitution in the first place.
