Are delegated powers and express powers the same thing?
Answer:
No. Delegated powers are handed down by another, superior body. For instance, the U.S. Congress delegates the power to make rules to the Internal Revenue Service and other government agencies. Congress passes the laws and then delegates the details.
Express powers are those that are specifically given to a branch of government by the constitution. Again, using Congress as an example, the power to propose appropriations bills (how we spend our money) is an express power given to the House of Representatives in our Constitution.
The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. Congress may exercise only those powers that are stated in the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.
The classical statement of a government of enumerated powers is that by Chief Justice Marshall in McCulloch v. Maryland:
This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted.
Within this context they are the same
The legislature cannot enact all the laws by itself --as it is impossible. That is the reason it leaves to the executive to draft some laws(mostly municipal laws) on its behalf. If the law made out by delegated powers are within the ambit of the legislature's intentions , law of the land and fair play and also when they are not violating constitutions and executed properly, then they are as good as express powers. Otherwise they are liable to be interpreted as ultra-vires by the Judiciary when we complain about their validity in courts.
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