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
Date Written: June 3, 2020
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: Suggested Citation