The Powers Of Congress: Given Or Granted?

The powers of the United States Congress are explicitly stated in the Constitution, with most of them outlined in Article I, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions. The Constitution also grants Congress the authority to make laws, and the impeachment power, allowing impeachment, trial, and removal of the President, federal judges, and other officials.

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The power to declare war

The powers of the United States Congress are explicitly stated in the Constitution, which was formed to solidify that the power of the government comes from the people. Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8.

Among the powers specifically given to Congress in Article I, Section 8, is the power to declare war. This means that Congress holds the sole authority to issue formal war declarations. The first formal declaration occurred on June 18, 1812, when the United States declared war against the United Kingdom. On May 13, 1846, Congress declared war on Mexico at the request of President James K. Polk, following territorial disputes and military clashes in Texas.

The Declare War Clause limits the president's power, and many key founders, including Alexander Hamilton, George Washington, and James Madison, referred to its importance. In the nation’s early conflicts, Congress’s approval was thought necessary. However, in modern times, Presidents have used military force without formal declarations or express consent from Congress on multiple occasions. For example, President Barack Obama ordered the U.S. military to join attacks on Libya in 2011 without congressional permission, exceeding his constitutional authority.

There have been very few judicial decisions interpreting the Declare War Clause, and the law remains unsettled. While Congress has the sole authority to issue formal war declarations, Presidents may use other constitutional powers – principally the commander-in-chief power – to deploy U.S. forces in situations that do not amount to war.

The authority to make laws

The powers of the United States Congress are explicitly stated in the Constitution, with Article I setting forth most of its powers. The legislative powers of the United States Congress are also laid out 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". This is the authority to make laws, which is often considered Congress's most important power.

Article I, Section 8 enumerates several powers of Congress, including the power to tax and to regulate commerce. The Twelfth Amendment gives Congress the power to choose the president or vice president if no one receives a majority of Electoral College votes. Congress also has the exclusive impeachment power, allowing impeachment, trial, and removal of the President, federal judges, and other federal officers. This is granted by Article I, Sections 2 and 3.

Revenue bills must originate in the House of Representatives, although this power has blurred over time with budget bills often being considered simultaneously in both houses. The House of Representatives brings articles of impeachment against the official, and then the Senate is responsible for the impeachment trial. The Senate also has the power of advice and consent to federal appointments made by the President.

Article III, Section 2 allows Congress to create exceptions and regulations to the appellate jurisdiction of the Supreme Court and to make laws directing the place of trials of crimes committed outside of a state. Congress can also control all state laws that lay duties on imports or exports and withhold consent to any state keeping troops or ships of war in peacetime, engaging in war, or entering into any agreement with another state or foreign power.

The power to tax and spend

The powers of the United States Congress are explicitly stated in the Constitution, with Article I setting forth most of these powers. The Constitution specifically grants Congress its most important power—the authority to make laws.

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" (U.S. Const. art. I, § 8, cl. 1).

The Origination Clause stipulates that all revenue-raising bills must originate in the House of Representatives, although the Senate may propose amendments (U.S. Const. art. I, § 7, cl. 1). The Army Clause limits to two years the time a congressional appropriation to raise and support the army can remain in effect (U.S. Const. art. I, § 8, cl. 12).

Congress must authorize by law both the collection of government revenues and their expenditure before executive branch agencies are allowed to spend money. Congress has chosen to fund the government on an annual basis since 1789, adhering to the spirit of the Constitution's two-year time limit on appropriations. Through reports by legislative support agencies like the Government Accountability Office (GAO) and the Congressional Budget Office (CBO), Congress makes an effort to comply with the Constitution's directive to publish information detailing the budgetary decisions made when taxing and spending.

There has been debate over the interpretation of the Spending Clause and the meaning of "general welfare." Some argue that the clause was originally understood as a limitation on power, precluding spending for the "special welfare of particular regions or states," rather than a grant of power. Others contend that the clause provides an independent grant of a general spending power.

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The power to impeach

The powers of the United States Congress are explicitly stated in the Constitution, with Article I setting forth most of these powers.

The Senate, on the other hand, is the sole court for impeachment trials, as outlined in Article I, Section 3. It sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds vote of the Senate is required to convict and remove the official from office. The impeached official may also be barred from holding future office by a separate vote in the Senate.

The impeachment power is a fundamental component of the system of "checks and balances" in the US government, allowing Congress to hold the executive branch accountable for their actions. It is a process that descended from a similar practice in Britain and was adopted by the framers of the Constitution.

In conclusion, the power to impeach is a critical tool for Congress to ensure accountability and maintain the balance of power between the legislative and executive branches of the US government.

The power to regulate commerce

The powers of Congress are laid out in the US Constitution, with most of them set forth in Article I, Section 8. The power to regulate commerce is one of the most fundamental powers delegated to Congress and is specifically addressed in the Commerce Clause of the Constitution, which is Article 1, Section 8, Clause 3.

The Commerce Clause gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." This provision was included to eliminate trade barriers and create a unified economic front. Over time, its interpretation has expanded to cover various aspects of economic activity, as well as non-economic activity that substantially affects interstate commerce.

The Supreme Court has played a significant role in shaping the interpretation of the Commerce Clause. Initially, the Court interpreted this power narrowly, focusing on the direct movement of merchandise across state lines. However, as the economy became more complex, the Court began to recognise the clause's broad spectrum of authority. Landmark cases such as NLRB v. Jones & Laughlin Steel Corp in 1937, United States v. Darby in 1941, and Wickard v. Filburn in 1942, demonstrated the Court's newfound willingness to give a broad interpretation of the Commerce Clause.

In more recent times, the Supreme Court has attempted to curtail Congress's broad legislative mandate under the Commerce Clause by returning to a more conservative interpretation. For example, in United States v. Lopez (1995), the Court rejected the government's argument that the federal government had the authority to regulate firearms in local schools under the Commerce Clause. This case highlighted the ongoing struggle to define the limits of Commerce Clause power and the tension between federal jurisdiction and states' rights.

The Commerce Clause also provides comprehensive powers to the United States over navigable waters, allowing the federal government to regulate interstate navigation. This was affirmed in Gibbons v. Ogden (1824), where the Court ruled that congressional power extends to the regulation of interstate commerce, including the power to regulate interstate navigation.

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