Actually, there is no right given to the Federal government to do so, and therefore it does not have that right.
There is no right to the Judiciary to declare laws of Congress unconstitutional, but it still happens. There is no right for Congress to pass Social Security, but it can.
Just because it isn't explicitly stated in the Constitution, doesn't mean the government can't do it. The government can't do something only if the Constitution prohibits it. It isn't an exhaustive list.
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