ABSTRACT
The term "enumerated powers" refers to the powers of the Congress and, by implication, the powers of the federal government specifically listed in Article I, Section 8 of the US Constitution and in subsequent amendments. As Chief Justice John Marshall recognized in McCulloch, both enumerated and implied powers remain subject to specific limitations prescribed in the Bill of Rights and elsewhere in the US Constitution. Although Congress has the power to tax, it cannot apply such a tax in a manner that might discriminate among religions, hinder freedom of speech or press, or interfere with other rights in the First Amendment. The power of the national government "to establish a uniform rule of naturalization" grants to the Congress and the president extensive power to set rules governing foreigners visiting and noncitizens living in the United States.
