Congress' Powers: Exploring The Extent Of Their Authority

The United States Congress is one of the three coequal branches of government and is granted significant powers by the Constitution. Article I of the Constitution establishes a Legislative Branch with a House and Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Congress is also empowered to enact laws deemed necessary and proper for the execution of the powers given to any part of the government under the Constitution. This includes the power to declare war, to raise and maintain the armed forces, and to make rules for the military. Congress also has the power to lay and collect taxes, borrow money, regulate commerce, and coin money. The specific number of powers granted to Congress by the Constitution is extensive and covers a wide range of legislative, executive, and judicial functions.

Explore related products

Constitutional Conflicts between Congress and the President

$22.49 $34.99

Congress's Constitution: Legislative Authority and the Separation of Powers

$32.95 $45

The Glannon Guide to Constitutional Law: Learning Constitutional Law through Multiple-Choice Questions and Analysis

$71.95 $71.95

Constitutional Law: Governmental Powers and Individual Freedoms

$139.99 $199.99

The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

$28.44 $29.95

The Unitary Executive Theory: A Danger to Constitutional Government

$29.99 $29.99

To lay and collect taxes

The U.S. Constitution grants Congress the 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". This is referred to as the Taxing and Spending Clause, or Congressional spending power. This clause gives Congress the authority to use tax income to fund necessities such as welfare aid or security and military funding.

The Taxing Clause of Article I, Section 8, is listed first as the Framers decided, and the ratifiers of the Constitution agreed, that Congress must possess the power to tax and collect taxes. This was not only to repay the Revolutionary War debts but also to provide for the future defence and welfare of the United States. Congress was given the power to assess, levy, and collect taxes without any need for assistance from the states.

The Constitution's grant of taxing power to Congress is significant as, without it, the government would have limited resources to effectively police its citizens, protect its people from foreign invaders, or regulate commerce. The power to tax makes all other government actions possible.

The Sixteenth Amendment further expanded Congress's taxing power, granting it the authority to collect income taxes. The Internal Revenue Code (IRC) is the main law governing income taxes. States are also allowed to impose and collect taxes, including income taxes, sales taxes, and property taxes, which vary based on each state's tax statutes.

To borrow money

The US Constitution grants Congress the power to borrow money on the credit of the United States. This is outlined in Article I, Section 8, Clause 2, also known as the "borrowing clause".

The original draft of the Constitution stated that Congress had the power:

> To borrow money and emit bills on the credit of the United States.

However, after a debate about paper money, the final version of the Constitution omitted the words "and emit bills". This change was made to prevent Congress from issuing paper money as legal tender.

When Congress borrows money on the credit of the United States, it creates a binding obligation to pay the debt as stipulated and cannot thereafter vary the terms of its agreement. This means that the US government is bound by the terms of its loan agreements and cannot change them after the fact.

The power to borrow money is one of the enumerated powers specifically granted to Congress in the Constitution. These powers are outlined in Article I, Section 8, which enumerates approximately 19 powers. This section also includes the "`taxing and spending clause`, which grants Congress the power to tax and spend money for the general welfare of the United States.

To regulate commerce

Article I of the U.S. Constitution grants legislative powers to the Congress of the United States, which consists of a Senate and a House of Representatives. The Commerce Clause, found in Article 1, Section 8, Clause 3, gives Congress the power "to regulate commerce with foreign nations, among states, and with the Indian tribes".

The Commerce Clause has been interpreted in various ways throughout history, with ongoing controversy regarding the balance of power between the federal government and the states. The Constitution does not explicitly define "commerce", leading to differing interpretations of what powers are granted to Congress. Some argue that it refers simply to trade or exchange, while others claim that it describes a broader scope of commercial and social intercourse between citizens of different states.

The Supreme Court has played a significant role in shaping the interpretation of the Commerce Clause. In the 1937 case of NLRB v. Jones & Laughlin Steel Corp, the Court began to recognize broader grounds for using the Commerce Clause to regulate state activity. It held that any activity with a “substantial economic effect" on interstate commerce or a "cumulative effect" on such commerce fell under the purview of the Clause. This marked a shift towards a more liberal construction of the Clause, which continued with cases such as United States v. Darby and Wickard v. Filburn.

However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by adopting a more conservative interpretation. The defendant in this case argued that the federal government did not have the authority to regulate firearms in local schools, and the Court agreed, holding that Congress's power under the Commerce Clause was limited to regulating the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.

The interpretation of the Commerce Clause continues to evolve, with ongoing debates about the balance of power between the federal government and the states.

Explore related products

Power Without Responsibility: How Congress Abuses the People Through Delegation

$25.87 $38

War Powers: The Politics of Constitutional Authority

$28.99 $31

To Chain The Dog of War

$24

The Constitution in Congress: The Jeffersonians, 1801-1829 (Volume 2)

$77

American Constitutional Law: Introductory Essays and Selected Cases

$104.13 $150

Constitutionalism and the Separation of Powers

$9.99 $14.5

To establish a uniform rule of naturalization

The Constitution of the United States grants Congress several powers, including the power to "establish a uniform rule of naturalization". This power, granted by Article I of the Constitution, gives Congress the exclusive authority to create a standardised process for individuals to become citizens of the United States.

Prior to 1991, naturalization was a judicial function, with various courts handling naturalization cases as designated by statutes enacted by Congress. The Nationality Act of 1790 was the first instance of Congress defining eligibility for citizenship by naturalization, limiting this right to "free white persons". In practice, this meant that only white, male property owners could naturalize and become citizens. Women, non-white persons, and indentured servants were excluded from citizenship. Over time, access to citizenship expanded, and the racial restrictions were fully eliminated in 1952.

The Fourteenth Amendment declares that those born or naturalized in the United States are citizens, and Congress may not differentiate between classes of citizens when establishing rules for expatriation. Congress does, however, have the power to determine who is considered a citizen by birth when born abroad, and has at times conditioned this "statutory" citizenship on periodic residence in the United States.

The power to establish a uniform rule of naturalization ensures that the process of becoming a citizen is consistent and fair, and it falls within the broader legislative powers granted to Congress by the Constitution.

To declare war

The US Constitution grants Congress the power to declare war. This power is derived from Article I, which states that "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." This article establishes the role of Congress in making laws and outlines specific powers granted to them.

The power to declare war is a critical aspect of Congress's role in national defence and foreign policy. It allows Congress to formally authorize the use of military force and engage in armed conflict. This power is often seen as a check and balance against the executive branch's power to wage war, ensuring that the decision to go to war is made by the elected representatives of the people.

Throughout US history, Congress has exercised this power on numerous occasions, including during major conflicts such as World War I, World War II, and the Vietnam War. The process typically involves debates and votes in both the Senate and the House of Representatives, with a simple majority required to pass a declaration of war.

However, it is worth noting that the power to declare war has evolved and been interpreted differently over time. Some scholars argue that the power to wage war is implied from the power to declare it, as suggested by Chief Justice Marshall in McCulloch v. Maryland in 1819. This interpretation suggests that the power to declare war inherently includes the authority to raise and support armies and maintain a navy to prosecute the war.

In conclusion, the power to declare war granted to Congress by the US Constitution is a significant aspect of the country's system of checks and balances. It ensures that the decision to engage in armed conflict is made by the legislative branch, representing the will of the people. The interpretation and exercise of this power have evolved over time, shaping the way the United States approaches war and foreign policy.

Frequently asked questions