Federal Functions: Execution of Powers the Constitution Grants to Persons and Entities Outside the U.S. Government

20 Pages Posted: 4 May 2020 Last revised: 4 Jun 2020

See all articles by Robert G. Natelson

Robert G. Natelson

Independence & Montana Policy Institutes

Date Written: June 3, 2020

Abstract

The Constitution grants enumerated powers to officers and agencies of the federal government. What is less widely understood is that it also grants extensive powers to persons and entities entirely outside the federal government. The courts refer to the exercise of those powers as “federal functions.”

This short Essay is the first unified survey of those federal functions. It classifies them and identifies certainly commonalities and differences.

Keywords: federal functions, constitutional amendment, Elections Clause, Enclave Clause, Article V

JEL Classification: K10, K19, K29

Suggested Citation

Natelson, Robert G., Federal Functions: Execution of Powers the Constitution Grants to Persons and Entities Outside the U.S. Government (June 3, 2020). University of Pennsylvania Journal of Constitutional Law, Vol. 23, No. 1, 2020, Available at SSRN: https://ssrn.com/abstract=3570746 or http://dx.doi.org/10.2139/ssrn.3570746

Robert G. Natelson (Contact Author)

Independence & Montana Policy Institutes ( email )

727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)

HOME PAGE: http://robnatelson.com

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