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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Ĭurrently, there are fifteen different cabinet level departments. If we’re going to look at the constitutionality of the different cabinet departments, we need to look at the Tenth Amendment. Constitution, Article I, Section 8, Clause 18Ĭongress has the power to make laws to execute the powers of the United States. 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. Article I Section 8 of the Constitution lists powers delegated to Congress, while the cabinet serves to advise the President, in whom the executive powers are delegated (Article II, Section 1, Clause 1). The first thing I need to do to answer my #1 Fan’s question is to modify their question just a little bit. “Any chance you could make a YouTube video going through each major executive federal agency or department and discuss which is actually Constitutional under Article 1 Section 8?” That’s a good question, so there’s not only a very good chance I’ll write the article and create the video, but here it is. What are the consequences of such a large part of the Executive Branch being constitutionally invalid?Ī couple of weeks ago someone claiming to be my “#1 Fan”, at least that’s the name they used, asked an interesting question.

How much of the President’s cabinet does not legally exist?.How many federal departments and agencies are constitutional and how many are not?.

Maxqda dictionary not searching all documents