Isabella Carter
The United States Congress is made up of the House of Representatives and the Senate, and its powers are explicitly stated in the Constitution. Article I Section 8 of the Constitution outlines eighteen powers given to Congress, including the power to tax and spend for the general welfare and the common defense, to borrow money, to regulate commerce with foreign nations and Native American tribes, and to establish citizenship naturalization laws and bankruptcy laws. Here are five of the powers given to Congress by the Constitution:
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Powers Over Taxation | To lay and collect taxes, duties, imposts, and excises to pay 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, among the states, and with Native American tribes |
| Power to Establish Citizenship and Bankruptcy Laws | To establish a uniform rule of naturalization and uniform laws on bankruptcy throughout the United States |
| Power to Coin Money | To coin money, regulate its value, and that of foreign coin, and fix the standard of weights and measures |
| Power to Declare War | To declare war, raise and maintain armed forces, and make rules for the military |
| Power to Propose Amendments | To propose amendments to the Constitution and specify ratification |
| Power to Choose the President or Vice President | To choose the president or vice president if no one receives a majority of Electoral College votes |
| Power to Enact Legislation | To enact legislation to enforce the rights of all citizens, including voting rights, due process, and equal protection under the law |
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What You'll Learn
Power to tax and spend
Article I of the Constitution outlines the powers of Congress, including the power to tax and spend. This power is often referred to as the "power of the purse" and is a significant check on the executive branch.
The Spending Clause, as outlined in Article I, Section 8, Clause 1 of the Constitution, 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 grants Congress the authority to impose and collect various forms of taxes and duties, ensuring uniformity throughout the nation. It also empowers Congress to allocate funds for national defence and the general welfare of the country.
The Origination Clause, found in Article I, Section 7, Clause 1, further elaborates on the legislative process for taxation:
> "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 specifies that revenue-raising bills must originate in the House of Representatives, with the Senate having the ability to propose amendments. Additionally, the Army Clause, in Article I, Section 8, Clause 12, limits the duration of congressional appropriations for the army to two years.
Congress's power to tax and spend is not without constraints. The Constitution outlines specific guidelines, such as the requirement for uniform duties, imposts, and excises across the United States. Additionally, the Seventh Amendment prohibits the imposition of taxes on articles exported from any state.
The Supreme Court has also played a role in interpreting and shaping Congress's power to tax and spend. In the case of Helvering v. Davis, the Court affirmed Social Security as a valid exercise of Congress's power to spend for the general welfare. Furthermore, the Necessary and Proper Clause of the Constitution has been interpreted broadly, allowing Congress to pursue various policy objectives and expand its legislative authority, as seen in McCulloch v. Maryland, which recognised the federal government's authority to establish a national bank.
In summary, the power to tax and spend, granted to Congress by the Constitution, is a fundamental aspect of the legislative branch's authority. It enables Congress to raise revenue, allocate funds, and provide for the defence and welfare of the nation. This power is balanced by specific guidelines within the Constitution and interpreted by the Supreme Court to ensure it serves the country's best interests. Congress also makes an effort to comply with the Constitution's directive to publish information on its budgetary decisions.
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Authority to 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". This clause has been interpreted broadly by courts throughout much of US history, with the Supreme Court holding in 1824 that intrastate activity could be regulated under the Commerce Clause if it is part of a larger interstate commercial scheme.
Congress has frequently used the Commerce Clause to justify exercising legislative power over states and their citizens, leading to significant controversy over the balance of power between the federal government and the states. The interpretation of the word "commerce" has been widely debated, with some arguing it refers simply to trade or exchange, while others claim it describes broader commercial and social intercourse between citizens of different states.
The Supreme Court narrowed its interpretation of the Commerce Clause between 1905 and 1937, during what became known as the Lochner era. During this period, the Court experimented with the idea that the clause does not empower Congress to pass laws that impede an individual's right to enter a business contract. However, in Gonzales v. Raich, the Court returned to a more liberal construction of the Commerce Clause, upholding federal regulation of intrastate marijuana production.
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. In this case, the defendant argued that the federal government did not have the authority to regulate firearms in local schools. The Supreme Court agreed, holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.
In summary, the Authority to Regulate Commerce, granted to Congress by the Commerce Clause of the U.S. Constitution, has been a source of ongoing controversy and evolving jurisprudence. While Congress has often used this power to justify broad legislative authority, the Supreme Court has also played a significant role in interpreting and shaping the scope of this power through landmark cases such as Gibbons v. Ogden, Swift and Company v. United States, and United States v. Lopez.
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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. This power is explicitly stated in the Constitution, which says, "Congress shall have power...to declare war." The purpose of this provision was to prevent a single individual from committing the nation's wealth and resources to war, as had often been the case with kings in the past. The Framers of the Constitution wanted to ensure that war powers were vested in a collective body, rather than a single executive.
The power to declare war is one of Congress's most important checks on the executive branch. Historically, Congress has exercised this power by issuing formal declarations of war, as it did during the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. These declarations typically came after hostilities had already begun and were made in response to a request by the President.
However, there have been several instances where Presidents have initiated military action without a formal declaration of war from Congress. For example, President Theodore Roosevelt's military intervention in Panama in 1903 did not receive congressional assent. Truman's involvement in the Korean War and Lyndon B. Johnson's involvement in the Vietnam War also lacked formal declarations of war.
In response to these executive overreaches, Congress passed the War Powers Resolution in 1973. This resolution requires the President to obtain either a declaration of war or an authorization to use force from Congress within 60 days of initiating hostilities. The resolution was intended to reassert Congress's constitutional authority over decisions of war and peace.
Despite these efforts, debate continues over the appropriate balance of war powers between Congress and the President. Some argue that the Constitution is a "living document" that allows for flexibility in interpreting war powers. Others maintain that offensive military actions taken without a formal declaration of war from Congress are unconstitutional. The power to declare war remains a critical aspect of Congress's constitutional role in national defense.
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Ability to impeach the president
The United States Constitution grants Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States. This power is vested in the House of Representatives, which holds the "sole Power of Impeachment" according to Article I, Section 2 of the Constitution. The Senate, on the other hand, has the "sole Power to try all Impeachments" as outlined in Article I, Section 3.
The impeachment process involves the House of Representatives charging an official of the federal government with "Treason, Bribery, or other high Crimes and Misdemeanors." The House must pass articles of impeachment by a simple majority vote, which constitutes a formal allegation. Once the articles of impeachment are approved, the defendant is considered impeached.
The Senate then tries the accused, acting as a High Court of Impeachment. In the case of presidential impeachment trials, the Chief Justice of the United States presides over the proceedings, and no person can be convicted without the concurrence of two-thirds of the Members present. The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. However, impeachment proceedings are remedial rather than punitive, and an individual may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
The power to impeach the President is a fundamental component of the system of "checks and balances" in the US Constitution. It ensures that the President and other civil officers are held accountable for their actions and can be removed from office if found guilty of misconduct.
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Ability to propose constitutional amendments
The United States Constitution grants Congress the ability to propose amendments to the Constitution. This power is derived from Article V of the Constitution, which outlines the process for initiating constitutional change.
The process involves a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Congress can propose amendments on its own initiative or upon the application of two-thirds of the state legislatures. If Congress proposes an amendment, it does so in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
It is important to note that none of the amendments to the Constitution have been proposed by a constitutional convention. Instead, all 27 amendments were proposed by Congress. This power of Congress to propose constitutional amendments is a significant aspect of the legislative branch's ability to shape and adapt the nation's governing document.
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