Eleanor Finch
The United States Constitution grants Congress significant powers, including the sole authority to enact legislation, declare war, and confirm or reject Presidential appointments. However, the Constitution also imposes several constraints on Congress. For example, Congress cannot ban the importation of slaves until 1808, nor can it unnecessarily prohibit the writ of habeas corpus. The Constitution also limits Congress's taxation powers, investigative powers, and spending authority. The separation of powers principle is crucial, with the Constitution declaring that Congress may only exercise legislative powers, prohibiting it from delegating authority to other branches of government. The Supreme Court has also played a role in interpreting the Constitution, sometimes broadly construing clauses to allow Congress to enact legislation not expressly permitted or denied.
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What You'll Learn
Congress cannot ban the importation of slaves until 1808
The United States Constitution protected a state's involvement in the Atlantic slave trade for twenty years from federal prohibition. This was done to satisfy interests in the South, particularly in Georgia and South Carolina. Article 1, Section 9 of the Constitution, stated that the migration or importation of such persons as any of the states then existing should admit, shall not be prohibited by the Congress before 1808.
The Act Prohibiting Importation of Slaves of 1807 is a federal law that prohibited the importation of slaves into the United States. It took effect on January 1, 1808, the earliest date permitted by the United States Constitution. The legislation was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. The Act did not abolish the practice of slavery in the United States or the domestic slave trade. However, it was a significant step towards the abolition of slavery and reflected the general trend towards ending the international slave trade.
The Three-Fifths Compromise, which was part of the original Constitution, counted each enslaved Black person as three-fifths of a human being for the purposes of taxation and representation. This compromise benefited the Southern states and the institution of slavery, amplifying the political power of slave states. It remained in effect until the passage of the Thirteenth, Fourteenth, and Fifteenth Amendments, known as the Reconstruction Amendments, following the Civil War.
While the Act Prohibiting Importation of Slaves was a landmark piece of legislation, it did not end the slave trade to the United States completely. Many Americans continued to engage in the slave trade by transporting Africans to other countries, such as Cuba and Brazil. The US Navy was slow to institute anti-slaving patrols, and enforcement efforts were sporadic and largely ineffective.
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Congress cannot convict without trial
The US Constitution has imposed several constraints on Congress, including limiting the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanours". The Constitution also requires a two-thirds vote of the Senate to convict and impose penalties such as removal from office and disqualification from holding future public offices.
The Constitution outlines a two-stage process for impeachment: first, impeachment by the House of Representatives, and second, trial by the US Senate. The House of Representatives can impeach an official with a simple majority vote, after which the Senate sits as a High Court of Impeachment. The Senate follows procedures similar to a trial, with the right to call witnesses and perform cross-examinations. Senators must take an oath to perform their duties honestly and with due diligence. The Senate then deliberates in private before voting to acquit or convict the accused. A two-thirds supermajority is required for conviction, after which the official is automatically removed from office.
The process of impeachment is not punitive, and a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The President of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
The doctrine of separation of powers also limits congressional authority to investigate. Congress cannot usurp the power of another branch of government or investigate matters within the President's discretion, such as determining an individual's entitlement to a pardon. While Congress can investigate conduct that may be criminal, it lacks the authority to bring criminal charges or initiate criminal prosecutions.
The US Constitution, through its amendments and interpretations, has constrained Congress by limiting its powers and outlining specific procedures for impeachment and investigations.
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Congress cannot legislate on state port preferences
The U.S. Constitution has placed several constraints on Congress, including the Bill of Rights, which restricts government powers within U.S. states. The Constitution also does not authorise judicial review, but the courts have established precedent to exercise this power over Congress and the executive branch.
One specific way in which the Constitution has constrained Congress is through the No-Preference Clause for Ports, also known as the Prohibition on Port Preferences. This clause states that no preference shall be given by any regulation of commerce or revenue to the ports of one state over another:
> "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another."
The No-Preference Clause was designed to prevent discrimination between ports based on their location in different states. This means that Congress cannot favour the ports of one state over another through regulations or revenue practices. For example, vessels from one state cannot be forced to enter, clear, or pay duties in the ports of another state.
However, it is important to note that this clause does not prohibit discrimination between individual ports. Under the Commerce Clause, Congress may take actions that benefit specific ports, which may inadvertently disadvantage other ports in the same or neighbouring states. These actions can include establishing ports of entry, constructing and operating lighthouses, improving rivers and harbours, and providing structures for efficient traffic handling.
In Williams v. United States (1921), the Supreme Court rejected the argument that an act of Congress prohibiting the interstate transportation of liquor into states where its manufacture or sale was illegal violated the No-Preference Clause. Additionally, in Louisiana PSC v. Texas & N.O. R.R. (1931), the Supreme Court upheld a rate order that allowed an additional charge for ferrying traffic across the Mississippi River, despite objections that it gave an unconstitutional preference to ports in Texas.
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Congress cannot spend money without passed law
The U.S. Constitution has imposed several constraints on Congress, including the requirement that Congress cannot spend money from the Treasury without a passed law, also known as the Appropriations Clause. This clause specifies that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law". This clause is fundamental to the constitutional order, as it ensures that Congress defines the scope of federal power by outlining the purposes, amounts, and timing of federal spending.
The Appropriations Clause is not merely a restriction on the amount of money that can be spent, but it also mandates the specification of powers, activities, and purposes for which the funds will be utilised. This additional layer of authorisation ensures that the creation of an agency or authorisation of an activity does not automatically permit the expenditure of federal funds. Congress has reinforced this requirement by codifying that appropriations must be applied only to the objects for which they were intended, except as otherwise provided by law.
The interpretation and application of the Appropriations Clause have been subject to debate and legal challenges. For instance, the Supreme Court has interpreted the Necessary and Proper Clause in Article One to allow Congress to enact legislation beyond its enumerated powers. This interpretation grants Congress flexibility in taking actions that enable it to fulfil its constitutional duties in the best interests of the people.
Despite the clear language of the Appropriations Clause, conflicts have arisen between Congress and the President regarding the spending of appropriated funds. The practice of impoundment, where the President withholds or delays spending on programs authorised by Congress, has a long history and has occasionally resulted in legal disputes. The Congressional Budget and Impoundment Control Act was passed in 1974 to address these issues, establishing the modern budget process and prohibiting unilateral executive impoundment.
In conclusion, the Constitution's Appropriations Clause serves as a critical constraint on Congress, mandating that federal spending be authorised by passed laws. This clause ensures that Congress defines the scope of federal power through the specification of purposes, amounts, and timing of expenditures. While legal interpretations and disputes have arisen, the clause remains a cornerstone of the constitutional order, shaping the relationship between Congress and the executive branch.
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Congress cannot grant titles of nobility
The United States Constitution prohibits Congress from granting titles of nobility. This is known as the Title of Nobility Clause, which is part of Article I, Section 9, Clause 8 of the Constitution. The clause states that the federal government is prohibited from creating a system of hereditary privilege similar to the British aristocratic system. This means that Congress cannot bestow titles such as "duke", "marquis", "earl", "viscount", or "baron", on anyone, as these titles are typically associated with land ownership and the hereditary transfer of titles and privileges.
The Title of Nobility Clause complements other constitutional amendments, such as the Thirteenth, Fourteenth, and Fifteenth Amendments, which aim to prevent the government from making discriminatory distinctions between classes of American citizens. The clause ensures that there cannot be a hereditary monarchy or nobility in the United States, promoting the idea that the government should govern impartially and treat all citizens equally, regardless of their birth or social status.
While the Title of Nobility Clause prohibits Congress from granting formal titles of nobility, it is worth noting that honorary titles, such as honorary knighthoods, have been granted to US citizens with congressional approval. For example, several US generals received British knighthoods after World War II with the consent of Congress. These honorary titles do not carry the same weight as hereditary titles and do not confer the same privileges or advantages.
The Titles of Nobility Amendment, proposed in 1810, aimed to further strengthen the prohibition on titles of nobility. The amendment stated that any US citizen who accepted a title of nobility from a foreign power without congressional consent would cease to be a US citizen and would be ineligible for certain offices. While this amendment was passed by Congress, it was not ratified by the required number of states and, therefore, did not become part of the Constitution.
In conclusion, the Constitution's Title of Nobility Clause serves as a constraint on Congress by prohibiting the creation of a hereditary nobility or any system that confers enduring advantages or privileges based on birth or non-merit-based criteria. This clause reflects the founding principles of equality and impartial governance enshrined in the Constitution.
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Frequently asked questions
The Constitution grants Congress the authority to enact legislation, declare war, confirm or reject Presidential appointments, and substantial investigative powers.
The Constitution outlines several limitations on Congress, including the inability to ban the importation of slaves before 1808, the prohibition on banning the "writ of habeas corpus", the inability to convict a person without a trial, and the restriction on direct taxation of the people unless it is proportional to state populations.
Although the Constitution does not expressly authorise judicial review, precedent has been set for courts to exercise this power over Congress and the executive branch. This has been established through case law and the interpretation of the Commerce Clause and Necessary and Proper Clause.
The Constitution constrains Congress's taxation power by requiring that any direct taxes be in proportion to the populations of each state. Additionally, Congress cannot spend money unless authorised by law, and a regular statement of accounts must be published.
