Generally speaking, when the President of the United States lawfully exercises presidential power, he or she does not do so pursuant to any Amendment, but instead, pursuant to Article II, Section II of the United States Constitution. However, the 12th, 20th, 22nd, 23rd, 24th, and the 25th Amendments to the U.S. Constitution also impact the Executive Branch and/or the Presidency.
To view a transcript of the Preamble, as well as Articles I through VII of the Constitution of the United States of America, please feel free to click on the hypertext link to the National Archives' website which is listed below under Related Links.
Article II sections 2 and 3.
Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3 - State of the Union, Convening Congress
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
The President's powers are listed in Article II of the Constitution.
article 2
10. 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.
Article 1 Section 8 of the Constitution of the United States lists eighteen "enumerated powers" of the Congress. The 9th and 10th Amendments, as part of the Bill of Rights, specifically limit the Congress from taking actions that are not explicitly authorized, stating that powers not listed are reserved to the People or to the States.
The Tenth Amendment is the last part of the Bill of Rights, and is intended to protect state sovereignty as well as (to an extent) individual rights from being usurped by the Federal government.Amendment X"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."Translated, this means: The states have legal authority over anything not assigned to the federal government or specifically withheld from the states. Whatever powers aren't claimed by the federal or state governments are leftover for the people. US residents (both citizens and other people under US jurisdiction) are also vaguely protected by the Ninth Amendment, which essentially says you have rights beyond those mentioned in the first eight amendments (unfortunately, these have to be negotiated with various government entities).
the preamble
The part of the US Constitution known as the 'elastic clause' is found in Article I, Section 8, which states "The Congressshall have Power... 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."
10. 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.
Yes, Obama does use the constitution, all presidents do. It is part of governing in the United States.
Amendment 10, part of the Bill of Rights ratified December 15, 1791, says: 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.
All presidents had the ability to veto part or all of a bill. This right is listed in the United States Constitution.
The powers of Congress that are written into the U.S. Constitution are called enumerated powers. The powers are set in the amendment of forth in Article I.
Article One of the United States Constitution ~ see related link below .
The Tenth Amendment states, '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.' It is part of the Bill of Rights.
The 10th amendment; 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. (Don't forget or to the people).
10th Amendment.
Article 4 is about the States and their relation to both the Federal government and each other. The 10th Amendment is also about the states: "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."
Article 1 Section 8 of the Constitution of the United States lists eighteen "enumerated powers" of the Congress. The 9th and 10th Amendments, as part of the Bill of Rights, specifically limit the Congress from taking actions that are not explicitly authorized, stating that powers not listed are reserved to the People or to the States.
Congress has no authority to exercise any power beyond the constitution. The 10th Amendment states, "The powers not delegated to the United States (congress) by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Article 1 Section 8 specifically names the powers that have been granted to Congress. If it's not on the list, it's not constitutional.