Eleanor Finch
The US Constitution limits the power of Congress in several ways. Firstly, it outlines specific powers granted to Congress, such as the ability to lay and collect taxes, borrow money, regulate commerce, and establish lower courts. These enumerated powers are listed in Article I, Section 8. Secondly, the Constitution establishes a system of checks and balances, where Congress can shape the judiciary by confirming appointments and impeaching members, while the Supreme Court interprets the laws created by Congress and ensures that all branches of government respect their limits. The Supreme Court also has the power of judicial review, allowing it to declare acts of Congress unconstitutional, as seen in the case of Marbury v. Madison (1803). Additionally, the Constitution divides Congress into a Senate and a House of Representatives, with each house having specific rules and procedures, further limiting the power of individual members. Finally, the Vesting Clause in Article I, Section 1, which vests Congress with all legislative powers herein granted, has been interpreted in different ways, with some arguing for a strict reading that limits Congress's authority to delegate certain powers.
| Characteristics | Values |
|---|---|
| Enumerated Powers | To lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy |
| Bicameralism | The Congress consists of a Senate and a House of Representatives |
| Checks and Balances | The Supreme Court interprets the laws created by Congress and rules on their constitutionality; Congress can change the courts' size, structure, and jurisdiction |
| Separation of Powers | Congress can override presidential vetoes |
| Federalism | The Constitution recognizes the powers of state governments |
| Investigative Powers | Congress investigates the misuse of federal funds and abuses of power, and gathers information to create new legislation |
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What You'll Learn
Enumerated powers
The US Constitution created a federalist system with powers divided between the national government and the states, limiting the powers of Congress to those enumerated in the Constitution, mostly in Article I, Section 8. These enumerated powers include the power to:
- Lay and collect taxes, duties, imposts, and excises
- Pay debts and borrow money
- Regulate commerce with foreign nations, and among the states
- Coin money and regulate the value thereof
- Establish post offices
- Grant patents and copyrights to promote science and the arts
- Declare war and raise and regulate military forces
- Establish a court system
The Constitution also includes a Necessary and Proper Clause, also known as the Elastic Clause, which states that Congress has the power 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." This clause has been interpreted differently by strict constructionists and loose constructionists, with the former taking a narrower view of Congress's powers and the latter allowing for more flexibility in interpretation.
In addition to the enumerated powers, Congress also has implied powers that are not specifically stated in the Constitution but are inferred from the Necessary and Proper Clause. For example, Congress's power to raise an army and navy implies the power to create an air force. The broad interpretation of these powers has allowed Congress to regulate many aspects of American life, such as setting a national minimum drinking age of 21.
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Separation of powers
The idea of separation of powers is a political doctrine that was first proposed by 18th-century philosopher Charles de Secondat, Baron de Montesquieu, in his work "The Spirit of the Laws". Montesquieu argued for a constitutional government with three distinct branches, each of which would have defined powers to check the others. This philosophy heavily influenced the United States Constitution, which established a system of checks and balances to prevent the abuse of power.
The Legislative, Executive, and Judicial branches of the United States government are kept separate under this system. Congress, which consists of the Senate and the House of Representatives, is responsible for creating laws. However, it is limited by the fact that it can only pass laws within the powers "herein granted" by the Constitution. Congress can also provide regulatory guidelines to agencies and set the jurisdiction of the courts, except for the Supreme Court. Additionally, it has the power to investigate the misuse of federal funds and abuses of power, as well as gather information for creating new legislation.
The Executive Branch, headed by the President, is responsible for enforcing the laws created by Congress. The President has the power to make treaties, appointments to office, and take care that the laws are executed. While the President can veto laws passed by Congress, Congress must approve executive appointments.
The Judicial Branch, consisting of the Supreme Court, wields the power to interpret and apply the laws passed by Congress. The Supreme Court can declare laws unconstitutional and void any law passed by Congress that violates the Constitution. The President nominates Supreme Court justices, but the Senate has the power to confirm or deny these nominations.
This system of separation of powers ensures that no one branch of government holds more power than another, allowing for a balance of power and preventing tyranny.
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Checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no one branch has too much control, and each branch has specific powers and checks on the others. Here are some examples of how the system of checks and balances limits the power of Congress:
The legislative branch, or Congress, has the power to create laws, approve Presidential nominations, control the budget, and impeach and remove the President and other members of the executive and judicial branches from office. However, the President can veto laws passed by Congress, and Congress can override this veto with a two-thirds majority vote in both the House and the Senate.
The judicial branch, or the Supreme Court, interprets and evaluates the laws created by Congress and can declare them unconstitutional. The President nominates Supreme Court justices, but the Senate, which is part of the legislative branch, must confirm these appointments. Congress can also impeach and try members of the federal judiciary, including Supreme Court justices, for "high crimes and misdemeanors."
The executive branch, led by the President, can declare Executive Orders, which have the force of law. However, the judicial branch can declare these acts unconstitutional. The President also has the power to veto acts of Congress by choosing not to sign a bill into law, but Congress can override this veto.
The people of the United States also have checks on the Federal government. They can vote for their Representatives every two years and Senators every six years, indirectly influencing the composition of the Judicial branch. Additionally, an amendment to the Constitution proposed by Congress must be ratified by three-fourths of the states to become part of the Constitution.
This system of checks and balances, often referred to as the "Madisonian Model," was designed to harness ambition and the desire for power to advance the public good and maintain a limited government. It has been tested and refined over the years, ensuring a balance of power between the branches of government.
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Bicameralism
The United States Constitution established a bicameral legislature, composed of the Senate and the House of Representatives. The Framers of the Constitution wanted to create a powerful legislative body as part of the system of checks and balances. However, they feared that a single legislative body might be too powerful. Many of the historical republics that the Framers studied had bicameral legislatures, and the United Kingdom, which previously ruled the American colonies, had a bicameral parliament.
The Framers of the Constitution debated for months about how the new national legislature would be organized and function. They could not agree on whether the states should each have the same number of representatives or whether the number of representatives should be based on the population size. As a compromise, known as the Great Compromise, the Framers decided to incorporate both elements: the bicameral system was established.
In a bicameral legislature, the two chambers of the legislative body can have different organizations, rules, methods of selecting members, and designated powers regarding legislation and oversight of the other branches of the government. The House of Representatives acts as the "lower house," with members assigned proportionally to the population, while the Senate acts as the "upper house" or "upper chamber," with each state having two senators. The House of Representatives is considered closer" to its constituents than the Senate because its representatives are elected by popular vote. The House has control of the metaphorical purse strings, with all bills for raising revenue starting in the House, while the Senate may amend these bills.
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Judicial review
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. This power was established in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand.
The Federalist Papers, published in 1787–1788 to promote the ratification of the Constitution, made several references to the power of judicial review. Alexander Hamilton, in Federalist No. 78, discussed how the federal judiciary would have the power to declare laws unconstitutional. Hamilton asserted that this was appropriate because it would protect the people against abuse of power by Congress.
The Supreme Court plays a crucial role in ensuring that each branch of government recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, ensuring that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
Congress, however, has some power to influence which cases come before the Supreme Court. For example, Article III, Section 2 of the Constitution gives Congress the power to make exceptions to the Court's appellate jurisdiction, a practice known as jurisdiction stripping. Congress has also attempted to limit judicial review by proposing bills that would require a supermajority of the Court to deem any Act of Congress unconstitutional.
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Frequently asked questions
The Vesting Clause, as outlined in Article I, Section 1 of the Constitution, vests all federal legislative powers in a representative bicameral Congress. The Vesting Clause embodies two strategies for limiting Congress's power. The first strategy is bicameralism, which requires legislation to pass through two chambers, the Senate and the House of Representatives. The second strategy is the enumeration of congressional powers, which are listed in Article I, Section 8.
The Supreme Court is the highest court in the land and has the power of judicial review, which allows it to declare acts of Congress unconstitutional. The Supreme Court interprets the laws created by Congress and rules on their constitutionality. It also has the power to impeach members of the federal judiciary, including Congress, for "high crimes and misdemeanors".
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to stretch its enumerated powers to fit its needs. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Elastic Clause, Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.
Federalism is one of the most important and innovative concepts in the U.S. Constitution, although the word never appears in the document. The Tenth Amendment recognizes the powers of state governments, limiting the power of Congress by outlining the rights of the states.
