Isabella Carter
The United States Congress is made up of the House of Representatives and the Senate, and its powers are defined by the US Constitution, Supreme Court rulings, and historical and customary efforts. The Founding Fathers explicitly stated these powers in the Constitution to establish that the government's power derives from the people. These powers are primarily enumerated in Article I, Section 8, of the Constitution, and include the power to tax and spend for the general welfare, 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. Additionally, the Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to make laws necessary and proper to carry out its enumerated powers.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Impeachment powers | Authority to impeach a sitting President in office |
| Power to tax and spend | To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States |
| Power to borrow money | To borrow money to fund the government |
| Power to regulate commerce | To regulate commerce with states, other nations, and Native American tribes |
| Power to establish laws | To make all laws which shall be necessary and proper for carrying into execution the foregoing powers |
| Power to declare war | To declare war, raise and maintain the armed forces, and make rules for the military |
| Power to choose the president or vice president | To choose the president or vice president if no one receives a majority of Electoral College votes |
| Power to enact legislation | To enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution |
| Power to propose amendments | To propose amendments to the Constitution and to specify ratification by state legislature or by conventions |
| Power to establish citizenship naturalization laws | To establish citizenship naturalization laws and bankruptcy laws |
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What You'll Learn
The power to declare war
The United States Constitution grants Congress the power to declare war. Article One, Section Eight of the Constitution states, "Congress shall have the power to... declare war." This is known as the Declare War Clause.
The Declare War Clause limits the president's power to make war and ensures that only Congress can formally declare war. This clause has been interpreted to mean that the president may take military action in response to sudden attacks or in situations that do not amount to war, such as deploying troops as peacekeepers. However, there is ongoing debate about the extent of the president's authority to use military force without congressional approval.
Throughout history, Congress has formally declared war on five separate occasions, each time at the request of the president. These include the War of 1812 against the United Kingdom, the Mexican-American War in 1846, and World Wars I and II. On other occasions, presidents have initiated military action without formal declarations of war, such as in the Korean War and the Vietnam War.
There have been relatively few judicial decisions interpreting the Declare War Clause, and modern courts generally avoid deciding on war-initiation cases. As a result, the law regarding this clause remains somewhat unsettled.
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The power to tax and spend
The Constitution grants Congress the power to tax and spend. 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 stipulates that all revenue bills must originate in the House of Representatives, with the Senate able to propose amendments. The Army Clause limits the time a congressional appropriation to raise and support the army can remain in effect to two years.
Congress must authorise by law the collection of government revenues and their expenditure before executive agencies can spend the money. Congress has funded the government annually since 1789, adhering to the Constitution's two-year limit on appropriations. Through reports and hearings, Congress also strives to comply with the Constitution's directive to publish information on its budgetary decisions.
There has been debate over the interpretation of the Spending Clause, with some arguing that it is a limitation on power rather than a grant of power. Madison, for example, feared that the Necessary and Proper Clause would transform the taxation clause into a justification for achieving common defence and general welfare by any means. Others, like Alexander Hamilton, have argued for a broader interpretation of the Spending Clause, which prevailed in the 1930s.
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The power to impeach
The House of Representatives has the sole power to impeach federal officials, and the Senate is the sole court for impeachment trials. The House of Representatives charges an official by approving, by a simple majority vote, articles of impeachment. After the House sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", acts as prosecutors before the Senate.
The Constitution requires a two-thirds supermajority to convict a person being impeached. The penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future. The impeachment process is remedial rather than punitive in nature, and a party may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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The power to regulate commerce
The Commerce Clause, outlined in Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This clause has been interpreted to cover a wide array of economic transactions and activities, including the power to regulate trade beyond state borders, and various economic activities such as roads, railways, and the internet.
The interpretation of the Commerce Clause has been a point of contention, with critics arguing that the executive branch has usurped Congress's power to declare war. Initially, the Supreme Court interpreted this power narrowly, focusing on the direct movement of merchandise across state lines. However, over time, the interpretation has expanded to cover various aspects of economic activity and non-economic activity that substantially affects interstate commerce. This expansion began with NLRB v. Jones & Laughlin Steel Corp in 1937, where the Supreme Court recognized broader grounds for using the Commerce Clause to regulate state activity.
The Supreme Court held that any activity with a “substantial economic effect" on interstate commerce or a “cumulative effect" that could impact such commerce was subject to federal regulation. This interpretation was further solidified in United States v. Darby (1941) and Wickard v. Filburn (1942), which affirmed Congress's broad power under the Commerce Clause and allowed them to enforce the Fair Labor Standards Act and regulate intrastate activities that could impact interstate commerce.
However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's power by returning to a more conservative interpretation of the clause, holding that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. This decision highlighted the ongoing struggle to define the limits of Commerce Clause power and the balance of power between the federal government and the states.
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The power to create laws
The United States Congress is made up of the House of Representatives and the Senate, and it is the chief legislative body of the United States. The Constitution grants Congress the sole authority to enact legislation and make laws. The Founding Fathers explicitly stated the powers of Congress in the Constitution to solidify that the power of the government comes from the people.
Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. The legislative powers of the United States Congress are explicitly stated in Article I, Section I, which 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, which includes 18 powers explicitly stated.
The Necessary and Proper Clause, also known as the Elastic Clause, gives Congress the authority to create any laws that are deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This clause has been interpreted broadly, effectively widening the scope of Congress's legislative authority. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that the Necessary and Proper Clause gave Congress the power to establish a national bank under the tax and spend clause, and that states had no authority to interfere.
Congress has the power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. It can also borrow money, regulate commerce with states, other nations, and Native American tribes, and establish citizenship naturalization laws and bankruptcy laws. Additionally, Congress has the power to declare war, raise and maintain the armed forces, and make rules for the military.
The legislative process begins with the introduction of a bill to Congress, which can be written by anyone but must be introduced by a member of Congress. Bills are then referred to the appropriate committees for review, which may undergo changes. After being reviewed by the committees, a bill must pass both houses of Congress before going to the President for consideration.
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Frequently asked questions
The Constitution is a protected document that has been interpreted since its writing. It grants Congress the sole authority to enact legislation and outlines the powers of Congress in Article I.
The Constitution grants Congress the power to enact legislation, declare war, confirm or reject Presidential appointments, and impeach a sitting President. It also gives Congress the authority to propose amendments to the Constitution, spend for the general welfare, and establish an annual budget for the government.
The Constitution limits the power of Congress by outlining specific areas in which it may legislate. The Tenth Amendment also recognizes the powers of state governments, and Congress can only pass a bill if it has the same wording as another that has passed.
