Jonah Patel
The Constitution of the United States grants Congress, which consists of the Senate and the House of Representatives, several powers. These powers are explicitly stated in the Constitution, and they include the power to tax and spend for the general welfare, to borrow money, to regulate commerce with foreign nations and Native American tribes, to establish citizenship naturalization laws, and to impeach the President. Additionally, Congress has the authority to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Power to tax | 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 |
| Power to borrow money | To borrow money on the credit of the United States |
| Power to regulate commerce | To regulate commerce with foreign nations, and among the several states, and with the Native American tribes |
| Power to establish citizenship and bankruptcy laws | To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States |
| Power to coin money | To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures |
| Power to declare war | To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water |
| Power to raise and support armies | To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years |
| Power to provide for the militia | To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia |
| Power to constitute tribunals | To constitute Tribunals inferior to the Supreme Court |
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What You'll Learn
Power to tax and spend
The US Constitution grants Congress the power to tax and spend. This power is derived from the Spending Clause, which states:
> 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.
This clause gives Congress the authority to impose and collect taxes, duties, imposts, and excises to fund the country's debts, defence, and general welfare. It also ensures uniformity in taxation throughout the United States.
The Origination Clause, found in Article I, Section 7, Clause 1 of the Constitution, further outlines the legislative process for taxation and spending. It stipulates that "All Bills for Raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." This clause ensures that any legislation related to taxation and revenue begins in the House of Representatives, allowing for a democratic process in the creation of tax laws.
The Constitution also regulates how Congress considers legislation authorising new taxes and spending. The Army Clause, for example, limits the duration of congressional appropriations for the army to two years. This clause ensures that funding for the army is reviewed regularly, preventing prolonged commitments without oversight.
The Supreme Court has played a significant role in interpreting Congress's power to tax and spend. In the early 20th century, the Court embraced an expansive view of this power, which continues to influence modern Spending Clause case law. The Court has outlined five factors to judge the constitutional validity of federal spending:
- Congress must unambiguously identify conditions attached to federal funds.
- Congress must not coerce acceptance of funding conditions through offers of funds.
- Spending must be in pursuit of the general welfare.
- Conditions on federal funds must relate to the federal interest in a program.
- Funding conditions must not induce unconstitutional conduct by the recipient.
Congress's power to tax and spend is a critical aspect of its legislative authority, enabling it to raise revenue and allocate funds for the nation's debts, defence, and general welfare.
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Declare war
The power to declare war is one of the most significant and contentious powers granted to the United States Congress by the Constitution. This power is outlined in Article I, Section 8 of the Constitution, which states that "Congress shall have the power to... declare War."
The authority to declare war is exclusively vested in Congress, and it serves as a critical check on the executive branch's power to engage in military conflicts. This power was intentionally granted to Congress during the nation's founding to ensure that the decision to enter into war is made through a deliberate and democratic process.
Historically, Congress has exercised this power sparingly, with only a limited number of formal war declarations. The first occurred on June 18, 1812, when the United States declared war against the United Kingdom, citing impressment of American sailors and violations of US neutrality during the Napoleonic Wars. This conflict, known as the War of 1812, concluded in 1814 with the Treaty of Ghent.
On May 13, 1846, Congress again declared war, this time against Mexico, following territorial disputes and military clashes in Texas. This conflict, known as the Mexican-American War, resulted in the Treaty of Guadalupe Hidalgo in 1848, which expanded US territory.
During World War I, the United States formally declared war on multiple nations. On April 6, 1917, Congress declared war on Germany, citing unrestricted submarine warfare and the Zimmermann Telegram, in which Germany attempted to persuade Mexico to join the war against the US. Later that year, on December 7, 1917, Congress declared war on Austria-Hungary, an ally of Germany. These declarations led to separate peace treaties with Germany, Austria, and Hungary in 1921.
World War II saw the most formal war declarations by the United States. After the attack on Pearl Harbor on December 7, 1941, Congress declared war on Japan the very next day, with near-unanimous approval. This prompted reciprocal declarations of war by Nazi Germany and Italy against the United States, leading to Congress's declarations against both nations on December 11, 1941.
It is worth noting that the Constitution does not specify a format or legislation that constitutes a "declaration of war." The term "declare war" was chosen over "make war" during the Federal Convention of 1787 to ensure that the executive branch could repel sudden attacks but not initiate war without Congressional approval. This distinction is essential in preserving the system of checks and balances that characterizes the US government.
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Raise and support armies
The US Constitution grants Congress the power to "raise and support Armies". This power is derived from Article I, Section 8, which outlines Congress's enumerated powers. This power allows Congress to establish and maintain a standing army, including the ability to conscript manpower through a draft and to organise, arm, and discipline the militia.
The ability to raise and support armies acts as a check on the president's war powers, as the president is the commander-in-chief and has the authority to conduct military operations once a war has been declared. While the president can veto the military budget, Congress controls the funding, allowing the will of the governed to be represented in any war effort.
The power to raise and support armies is not without limitations. One significant constraint is the two-year limitation on appropriations for the army, which states that "no Appropriation of Money to that Use shall be for a longer Term than two Years". This limitation was included by the framers of the Constitution due to a fear of standing armies and to prevent the endless allocation of resources to the military.
Congress has also established a distinct military justice system with its own substantive laws, courts, and procedures, including the Uniform Code of Military Justice, which applies to all servicemen and certain civilians with special relationships to the military.
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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, among states, and with the Indian tribes".
The interpretation of the sixteen words of the Commerce Clause has been a source of ongoing controversy, with debate surrounding the balance of power between the federal government and the states, as well as between the federal government's two elected branches and the Judiciary.
The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, leading to a significant and ongoing debate regarding the balance of power between the federal government and the states. The Constitution does not explicitly define the word "commerce", and so there is debate as to what powers are granted to Congress by the Commerce Clause. Some argue that it refers simply to trade or exchange, while others claim that the framers of the Constitution intended to describe more broadly commercial and social intercourse between citizens of different states.
The interpretation of the Commerce Clause has evolved over time. Initially, the Supreme Court interpreted this power narrowly, focusing on the direct movement of merchandise across state lines. However, as the economy became more complex, the Supreme Court recognised the clause's broad spectrum of authority. From 1937 until 1995, the Supreme Court did not invalidate a single law on the basis of overstepping the Commerce Clause's grant of power.
In 1995, the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by returning to a more conservative interpretation of the clause in United States v. Lopez. In this case, the defendant argued that the federal government had no authority to regulate firearms in local schools, while the government claimed that this fell under the Commerce Clause on the grounds that possession of a firearm in a school zone would lead to violent crime, thereby affecting general economic conditions. The Supreme Court rejected the government's argument, holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and action that substantially affects interstate commerce.
The Commerce Clause has been interpreted to cover non-economic activity that substantially affects interstate commerce. This includes the federal government's power to regulate intrastate production, as seen in Gonzales v. Raich, where the Court upheld federal regulation of intrastate marijuana production. The Commerce Clause also provides comprehensive powers to the United States over navigable waters, allowing the federal government to regulate navigation and control all navigable waters of the United States.
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Establish citizenship laws
The Constitution grants Congress the power to establish citizenship laws. This power is exclusive to Congress, and no state has the independent authority to grant citizenship to a foreign national. The Naturalization Clause of Article I, Section 8, grants Congress the power to "'establish a uniform rule of naturalization.'" This clause has been interpreted by the courts to mean that Congress has the sole authority to determine the conditions under which aliens may become US citizens.
The power to establish citizenship laws includes the authority to set requirements for citizenship and to confer citizenship. Congress has enacted laws governing the naturalization process, including requirements such as loyalty to the United States, good moral character, and barring subversives, terrorists, and criminals from obtaining citizenship. Citizenship can be granted through individual applications, congressional action, or treaty provisions.
The history of citizenship laws in the United States has evolved over time. Initially, naturalization was restricted to "free white persons," but this was expanded in 1870 to include persons of "African nativity and descent." "Chinese laborers" were specifically excluded from eligibility in 1882, but these exclusions are no longer in force.
In addition to establishing citizenship laws, Congress also has the power to regulate immigration. The Naturalization Clause has been interpreted by the courts to grant the federal government broad powers over immigration, including setting rules for when aliens may enter or remain in the country.
It is important to note that while Congress has the power to establish citizenship laws, it does not have the authority to enlarge or abridge the rights of naturalized citizens. Once an individual becomes a naturalized citizen, they possess the same rights as a native citizen, and Congress cannot create different classes of citizenship.
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Frequently asked questions
The Founding Fathers explicitly stated the powers of Congress in the Constitution to solidify that the power of the government comes from the people.
The US Constitution grants Congress 18 powers, as enumerated in Article I, Section 8.
The US Constitution grants Congress the power to:
- Lay and collect taxes, duties, imposts, and excises
- Borrow money
- Regulate commerce with foreign nations and Native American tribes
- Establish a uniform rule of naturalization and uniform laws on bankruptcy
- Coin money
- Declare war
- Raise and support armies
- Make all laws necessary and proper for executing the foregoing powers
- Provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions
- Propose amendments to the Constitution
Notable Supreme Court cases that have interpreted the powers of Congress include:
- McCulloch v. Maryland, which recognized the federal government's authority to establish a national bank under the tax and spend clause
- Helvering v. Davis, which affirmed Social Security as an exercise of Congress's power to spend for the general welfare
- McCollough v. Maryland, which ruled that Congress had the implied power to create a second national bank
