Isabella Carter
The Constitution of the United States provides the framework for the country's government and outlines the basic principles that guide its laws and policies. One of the key objectives stated in the preamble of the Constitution is to provide for the common defense, which refers to the responsibility of Congress to ensure national security and protect the country from threats. This includes establishing a national fighting force, regulating interstate and international commerce, coining and regulating money, borrowing money, and raising and supporting an army and navy. The Constitution grants Congress the power to lay and collect taxes to fund these defense initiatives and ensure the general welfare of the nation.
| Characteristics | Values |
|---|---|
| Taxes | Lay and collect "taxes, duties, imposts, and excises" |
| Defense Spending | Use taxes collected to fund the "common defense" |
| General Welfare | Promote the "general welfare" of the United States |
| Uniformity | Ensure uniformity in duties, imposts, and excises across the United States |
| Borrowing | Borrow money on the credit of the United States |
| Commerce | Regulate interstate and international commerce |
| Naturalization | Set naturalization laws |
| Money | Coin and regulate money |
| Bankruptcy | Establish uniform laws on bankruptcy |
| Counterfeiting | Provide for the punishment of counterfeiting |
| Intellectual Property | Promote the progress of science and useful arts, securing exclusive rights for authors and inventors |
| Federal Courts | Establish federal courts inferior to the Supreme Court |
| War Powers | Declare war, raise and support an army and navy, and organize the militia |
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What You'll Learn
The power to raise and support an army and a navy
Article One of the United States Constitution grants Congress the power to raise and support an army and a navy. This power is derived from the following clauses:
Clause 11
Congress shall have the power to declare war, make rules concerning captures on land and water, and grant letters of marque and reprisal.
Clause 12
Congress has the authority to raise and support armies, but no appropriation of money for this purpose shall be for a longer term than two years.
Clause 13
The constitution grants Congress the power to provide and maintain a navy and make rules for the government and regulation of the land and naval forces.
Clause 14
Congress is empowered to call forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. Additionally, they are responsible for the organizing, arming, disciplining, and governing of the militia.
The framers of the Constitution included a limitation on the appropriation of money for the army, as they feared the implications of standing armies. This limitation, known as the "strict sense of the word 'support," does not extend to appropriations for military operations or those deemed necessary for common defense.
The Supreme Court, in United States v. O'Brien, upheld Congress's broad constitutional power to raise and regulate armies and navies. The Court stated that the power of Congress to classify and conscript manpower for military service is "beyond question."
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The power to borrow money on the credit of the US
The US Constitution grants Congress the power to borrow money on the credit of the United States. This means that the government can take out loans, which are debt obligations that must be repaid. When the government borrows money, it sells Treasury marketable securities such as Treasury bills, notes, bonds, and Treasury inflation-protected securities (TIPS) to investors. The national debt is the accumulation of this borrowing, along with the interest owed to investors.
The power to borrow money is separate from the power to issue money or create money. The Constitution also grants Congress the power to coin money, and it stipulates that only gold and silver coins are acceptable as tender in payment of debt. However, in practice, the US government uses paper money, known as Federal Reserve Notes, which are not authorized by the Constitution.
The power to borrow money allows the federal government to pay for important programs and services for the American public, even when federal revenues are insufficient due to decreased tax rates or reduced economic activity. This ensures that essential services can continue to be provided for the common defense and general welfare of the country.
When Congress borrows money, it creates a binding obligation to repay the debt as stipulated, and it cannot unilaterally change the terms of the agreement. This means that the government is legally required to honour its debt obligations, which helps to maintain the creditworthiness of the United States.
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The power to regulate interstate and international commerce
The Commerce Clause, outlined in Article I, Section 8, Clause 3 of the US 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 and applied in various ways throughout US history, shaping the balance of power between the federal government and the states.
One of the key impacts of the Commerce Clause has been the removal of interstate trade barriers and the creation of a free trade zone among the states. By granting Congress the power to regulate commerce across state lines, the clause prevents individual states from imposing trade restrictions on their neighbours, ensuring a free flow of goods and services throughout the country. This was particularly significant in the case of Wabash v. Illinois in 1886, where the Supreme Court ruled that only the federal government could regulate interstate commerce, striking down Illinois' attempt to restrict railroad rates.
The Commerce Clause also enables the federal government to negotiate and approve treaties to open foreign markets to American-made goods. This power has been used to expand international trade opportunities for US businesses and promote economic growth. Additionally, it allowed Congress to abolish the slave trade with other nations, effective January 1, 1808, the earliest date permitted by the Constitution.
The interpretation of the Commerce Clause has evolved over time, with the Supreme Court playing a pivotal role in shaping its scope. Initially, the Court interpreted the clause narrowly, focusing on the direct movement of goods across state lines. However, as the economy became more complex, the Court adopted a broader interpretation, recognising that the clause encompasses a wide array of economic activities, including insurance, labour standards, and civil rights. The Court has also held that intrastate activities with a "substantial economic effect" on interstate commerce fall within the regulatory reach of Congress, as seen in the case of Wickard v. Filburn (1942).
While the Commerce Clause grants Congress significant power over interstate and international commerce, it is not without limitations. In the case of United States v. Lopez (1995), the Supreme Court curtailed Congress's mandate by returning to a more conservative interpretation of the clause, striking down a federal law banning guns in school zones as insufficiently connected to economic activity. This decision highlighted the ongoing debate over the precise scope of the Commerce Clause and the balance between federal and state powers.
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The power to establish post offices and post roads
The Constitution of the United States, in Article One, outlines several enumerated powers of Congress, including the power to establish post offices and post roads. This power, known as the Postal Clause, has been integral in shaping the country's modern postal system.
The Postal Clause grants Congress the authority to construct or designate post offices and postal roads, with the implied power to carry, deliver, and regulate the mail across the nation. This clause was influenced by the British postal system, from which terms like "posts", "post roads", "postmaster", and "post offices" were adopted.
There were early disagreements regarding the scope of the Postal Power. John Jay, in a letter to George Washington, suggested that the Post Office be placed under the executive branch's supervision, which later led to the creation of the Post Office Department. Thomas Jefferson, on the other hand, doubted granting Congress the power to designate post roads, believing that road building was a state responsibility. He also feared that the postal service would become a source of patronage and financial waste.
The U.S. Supreme Court played a significant role in interpreting the Postal Clause. Initially, the Court construed the power narrowly, holding that it primarily concerned the designation of roads and sites for postal purposes. However, over time, the Court allowed for the appropriation of land for postal infrastructure. The Court has also clarified Congress's power to establish post offices and other federal buildings, such as courthouses, and affirmed Congress's duty to transport mail.
The Postal Reorganization Act of 1970 transformed the federal postal service by establishing an independent agency, the United States Postal Service (USPS), to manage the postal system. This act granted postal workers the right to collective bargaining and empowered the new agency to set postal rates and salaries. The USPS has become an integral part of daily life in America, providing mail delivery and other services such as postal money orders.
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The power to declare war
Article I, Section 8, Clause 11 of the U.S. Constitution, also known as the War Powers Clause, grants Congress the power to declare war. The clause states that "Congress shall have Power...to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
The Declare War Clause is interpreted as limiting the President's power to initiate the use of military force. The Framers of the Constitution intended for the clause to act as a check on the President's power to involve the nation in needless conflicts. James Madison, who wrote much of the Constitution, argued that the phrase "make war" was changed to "declare war" to ensure that the President could repel sudden attacks but not commence a war without Congress's explicit approval.
Despite this, there is debate about the extent of the President's authority to use military force. Some argue that the President has independent authority to use military force in response to attacks on the United States. Additionally, Presidents may use other constitutional powers, such as the commander-in-chief power, to deploy U.S. forces in situations that do not amount to war, such as peacekeeping or defensive deployments.
Since the nation's founding, Congress has formally declared war on five occasions: the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. Four out of these five declarations came after hostilities had already begun.
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Frequently asked questions
"Provide for the common defense" is a phrase in the US Constitution that means any taxes collected and funds spent must be for the benefit of the United States as a whole, not for partial or sectional interests.
The phrase "provide for the common defense" appears in the preamble and Article I, Sec. 8, Clause 1 of the US Constitution.
"Provide for the common defense" grants Congress the power to raise and support an army and a navy, the power to call forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to provide for the militia's organizing, arming, disciplining, and governing.
