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What is not listed in the Constitution, Congress does not have the power to do.  The national (federal) government “can exercise only the powers granted to it,” as Chief Justice Marshall explained in writing for the Supreme Court in the ''McCulloch'' decision.

What is not listed in the Constitution, Congress does not have the power to do.  The national (federal) government “can exercise only the powers granted to it,” as Chief Justice Marshall explained in writing for the Supreme Court in the ''McCulloch'' decision.

As recently as 2012, Chief Justice John Roberts emphasized these limits on the power of the national government, in his decision for the Court which upheld the constitutionality of the Patient Protection and Affordable Care Act (better known as "ObamaCare"):<ref>''Nat'l Fed'n of Indep. Bus. v. Sebelius'', 132 S. Ct. 2566, 2577-78 (2012).</ref>

As recently as 2012, Chief Justice John Roberts emphasized these limits on the power of the national government, in his decision for the Court which upheld the constitutionality of the Patient Protection and Affordable Care Act (better known as "ObamaCare"):<ref>''Nat'l Fed'n of Indep. Bus. v. Sebelius'', 132 S. Ct. 2566, 2577-78 (2012) (omitting the case citations).</ref>

{{cquote}Today, the restrictions on government power foremost in many Americans' minds are likely to be affirmative prohibitions, such as contained in the Bill of Rights. These affirmative prohibitions come into play, however, only where the Government possesses authority to act in the first place. If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.

{{cquote}Today, the restrictions on government power foremost in many Americans' minds are likely to be affirmative prohibitions, such as contained in the Bill of Rights. These affirmative prohibitions come into play, however, only where the Government possesses authority to act in the first place. If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.

Indeed, the Constitution did not initially include a Bill of Rights at least partly [2578]  because the Framers felt the enumeration of powers sufficed to restrain the Government. As Alexander Hamilton put it, “the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” The Federalist No. 84, p. 515 (C. Rossiter ed. 1961). And when the Bill of Rights was ratified, it made express what the enumeration of powers necessarily implied: “The powers not delegated to the United States by the Constitution . . . are reserved to the States respectively, or to the people.” U.S. Const., Amdt. 10. The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions. See, e.g., United States v.Comstock, 560 U.S. 126, 130 S. Ct. 1949, 176 L. Ed. 2d 878 (2010).

Indeed, the Constitution did not initially include a Bill of Rights at least partly [2578]  because the Framers felt the enumeration of powers sufficed to restrain the Government. As Alexander Hamilton put it, “the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” The Federalist No. 84, p. 515 (C. Rossiter ed. 1961). And when the Bill of Rights was ratified, it made express what the enumeration of powers necessarily implied: “The powers not delegated to the United States by the Constitution ... are reserved to the States respectively, or to the people.” U.S. Const., Amdt. 10. The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions.  

The same does not apply to the States, because the Constitution is not the source of their power. The Constitution may restrict state governments--as it does, for example, by forbidding them to deny any person the equal protection of the laws. But where such prohibitions do not apply, state governments do not need constitutional authorization to act. The States thus can and do perform many of the vital functions of modern government--punishing street crime, running public schools, and zoning property for development, to name but a few--even though the Constitution's text does not authorize any government to do so. Our cases refer to this general power of governing, possessed by the States but not by the Federal Government, as the “police power.” See, e.g., United States v. Morrison, 529 U.S. 598, 618-619, 120 S. Ct. 1740, 146 L. Ed. 2d 658 (2000).}}

The same does not apply to the States, because the Constitution is not the source of their power. The Constitution may restrict state governments--as it does, for example, by forbidding them to deny any person the equal protection of the laws. But where such prohibitions do not apply, state governments do not need constitutional authorization to act. The States thus can and do perform many of the vital functions of modern government--punishing street crime, running public schools, and zoning property for development, to name but a few--even though the Constitution's text does not authorize any government to do so. Our cases refer to this general power of governing, possessed by the States but not by the Federal Government, as the 'police power.'}}

In Federalist (Paper) No. 45, James Madison explained the importance of a limited national government, so that much power could remain at the local level:

In Federalist (Paper) No. 45, James Madison explained the importance of a limited national government, so that much power could remain at the local level: