Final answer:
The 'right to enforce its laws' is NOT a delegated power of Congress according to the U.S. Constitution; this is a role of the executive branch. The powers of creating courts, declaring war, and negotiating treaties are legitimate delegated powers. The Tenth Amendment reserves any powers not delegated to the federal government or prohibited by it to the States or the people.
Step-by-step explanation:
When discussing delegated power, we refer to powers that are explicitly granted to the national government by the Constitution. A clear understanding of the U.S. Constitution and the Articles of Confederation is vital in identifying which powers are delegated and which are not. From the enumerated options, we can see that:
- The right to create a lower national court system
- The right to declare war
- The right to negotiate treaties
are all enumerated powers of Congress according to the U.S. Constitution. On the other hand, enforcement of laws typically falls within the purview of the executive branch, led by the President. Thus, the correct answer to which is not a congressional power would be:
b. The right to enforce its laws
The Tenth Amendment further clarifies this by stating that powers not delegated to the federal government nor prohibited by it to the States are reserved to the States or the people, solidifying the separation of powers fundamental to the United States system of government.