Malcolm Rivera
The United States Constitution grants Congress several powers, including the authority to make laws, declare war, and raise and maintain armed forces. The Constitution also gives Congress the power to impeach a sitting president, with the trial conducted by the Senate, and the ability to propose amendments to the Constitution. The legislative powers of Congress are explicitly stated in the Constitution, with Article I, Section I stating that all legislative powers herein granted shall be vested in a Congress of the United States. The eighteen enumerated powers of Congress are outlined in Article I, Section 8, which include the power to tax and spend, borrow money, and regulate commerce. The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, gives Congress the authority to create laws necessary to carry out its powers.
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What You'll Learn
Power to tax and spend
The legislative powers of the United States Congress are explicitly stated in the Constitution. The Founding Fathers laid out these powers to establish a government for the people and by the people. Article I, Section I of the Constitution states:
> All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The enumerated powers of Congress are laid out in Section 8 of Article I. The eighteen enumerated powers include the power to tax and spend for the general welfare and the common defence. According to the Spending Clause,
> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.
The Origination Clause also stipulates that
> All Bills for Raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
The Constitution also regulates how Congress considers legislation that authorises new taxes and spending. The Army Clause, for example, limits to two years the time a congressional appropriation to raise and support the army can remain in effect.
The Necessary and Proper Clause (Article I, Section 8, Clause 18) gives Congress the authority to create laws that are necessary and proper to carry out the enumerated powers of the Constitution. This clause has been up for interpretation since the writing of the Constitution. In the 1819 Supreme Court case of McCollough v. Maryland, the Necessary and Proper Clause was interpreted to grant Congress the implied power to create a second national bank in Maryland, and that the state could not tax the bank.
There has been debate about the meaning of "general welfare" in the Spending Clause. Some argue that the clause was originally understood as a limitation on power, precluding spending for the "special welfare of particular regions or states". Others argue that the General Welfare Clause is a "sweeping denial of power" meant to impose a fiduciary-like duty on Congress to forbear from favouring particular narrow interests.
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Power to borrow money
The powers of the United States Congress are implemented by the United States Constitution, with some powers explicitly defined and called "enumerated powers", and others that are assumed to exist and are called "implied powers". Article I of the Constitution sets forth most of the powers of Congress, with additional powers granted by other articles and Constitutional amendments.
One of the powers specifically given to Congress in Article I, Section 8, Clause 2 is the power to borrow money. The original draft of the Constitution reported to the convention by its Committee of Detail empowered Congress "to borrow money and emit bills on the credit of the United States". However, during the debates, Gouverneur Morris moved to strike out the clause "and emit bills on the credit of the United States". James Madison suggested that it might be sufficient "to prohibit the making them a tender". After a spirited exchange of views on the subject of paper money, the convention voted, nine states to two, to delete the words "and emit bills".
Nevertheless, in 1870, the Court relied in part upon this clause in holding that Congress had the authority to issue treasury notes and to make them legal tender in satisfaction of antecedent debts. This power to borrow money on the credit of the United States creates a binding obligation for Congress to pay the debt as stipulated, and it cannot thereafter vary the terms of its agreement. This was affirmed in the case of Perry v. United States in 1935, where a law purporting to abrogate a clause in government bonds calling for payment in gold coin was held to contravene this clause.
The power of the purse is one of Congress's primary checks on the executive branch. The Necessary and Proper Clause of the Constitution permits Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof". This clause has effectively widened the scope of Congress's legislative authority, such as in McCulloch v Maryland, which recognised the federal government's authority to establish a national bank under the tax and spend clause, and that states had no authority to interfere with it.
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Authority to create laws
The powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts, as well as other factors such as history and custom. Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and by Constitutional amendments.
Article I of the Constitution describes the design of the legislative branch of the US government, which is Congress. It establishes the legislative branch of the federal government, with Congress being a bicameral legislature consisting of the House of Representatives and the Senate. Article I grants Congress various powers and the ability to pass laws "necessary and proper" to carry out those powers. The Necessary and Proper Clause of the Constitution permits Congress:
> To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Broad interpretations of this clause have effectively widened the scope of Congress's legislative authority. For example, in McCulloch v Maryland, the federal government's authority to establish a national bank under the tax and spend clause was recognised, and it was acknowledged that states had no authority to interfere with it.
Article I also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. The Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. This clause, in combination with the vesting clauses of Articles II and III, establishes the separation of powers among the three branches of the federal government.
Among the powers specifically given to Congress in Article I, Section 8, are the following:
- To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States.
- To dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.
- To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States.
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Impeachment powers
The legislative powers of the United States Congress are explicitly stated in the Constitution. The impeachment powers of Congress are also mentioned in the Constitution, in Article I, Section 2 and 3.
Article I, Section 2, Clause 5 of the United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment". The House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.
The impeachment process is as follows: the House of Representatives brings articles of impeachment against the official and then the Senate is responsible for the impeachment trial. In the case of presidential impeachment trials, the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.
The practice of impeachment originated in England and was later used by many of the American colonial and state governments. As adopted by the framers of the Constitution, this congressional power is a fundamental component of the system of “checks and balances”. Through the impeachment process, Congress charges and then tries an official of the federal government for “Treason, Bribery, or other high Crimes and Misdemeanors”. The definition of “high Crimes and Misdemeanors” was not specified in the Constitution and has long been the subject of debate.
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Power to declare war
The United States Constitution grants Congress the power to declare war. This is known as the power of the purse, one of Congress's primary checks on the executive branch. The Necessary and Proper Clause of the Constitution permits Congress to:
> "Make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
The Constitution gives Congress an important role in national defence, including the exclusive power to declare war, to raise and maintain armed forces, and to make rules for the military. Article I of the Constitution sets forth most of the powers of Congress, with additional powers granted by other articles and constitutional amendments.
The power to declare war has been a point of contention between Congress and the President throughout the nation's history. While the Constitution grants Congress the power to declare war, critics charge that the executive branch has usurped this power. Presidents have ordered troops into position or action without a formal congressional declaration a total of 149 times before 1970. In 1993, one writer noted that "Congress's war power has become the most flagrantly disregarded provision in the Constitution".
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Frequently asked questions
The powers of Congress are both explicitly defined and implied in the US Constitution. The legislative powers of Congress are explicitly stated in Article I, Section I, which says, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The eighteen enumerated powers are explicitly stated in Article I, Section 8, which include the power to tax and spend, to borrow money, to regulate commerce, to establish citizenship naturalization laws, and to make all laws necessary and proper for carrying out the laws of the land.
The implied powers of Congress are those that have been assumed to exist but are not explicitly defined in the Constitution. One of the most important implied powers is the "Necessary and Proper Clause," which gives Congress the authority to pass laws it deems "necessary and proper" to carry out its enumerated functions. This clause has been interpreted broadly and has effectively widened the scope of Congress's legislative authority.
The Constitution gives Congress significant power in national defense, including the exclusive power to declare war, raise and maintain armed forces, and make rules for the military. However, critics argue that the executive branch, particularly the President, has increasingly usurped Congress's power to declare war.
The Founding Fathers intended for Congress to have more power than the President and the Supreme Court. However, they also implemented checks and balances to prevent absolute power in one branch. Congress consists of two houses, the Senate and the House of Representatives, which serve as a check on each other's power. Additionally, the Supreme Court interprets the Constitution and can define the powers of Congress through its rulings.
