Malcolm Rivera
The United States Constitution grants Congress numerous powers, including explicit powers enumerated in Article I, Section 8. These powers include the ability to tax and spend for the general welfare and common defence, to borrow money, and to regulate commerce with states, other nations, and Native American tribes. Congress also has the authority to establish citizenship naturalization laws, bankruptcy laws, and laws necessary to carry out its powers. Additionally, Congress can propose amendments to the Constitution and has impeachment powers, including the ability to impeach a sitting president.
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What You'll Learn
Power to tax and spend
The U.S. 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, with the funds being used to meet the country's obligations and promote the general welfare. It is worth noting that the Constitution stipulates that all such "Duties, Imposts and Excises shall be uniform throughout the United States".
The power to tax and spend is a significant responsibility of Congress, and it is regulated by the Constitution to a certain extent. The Origination Clause, for instance, dictates 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". Furthermore, the Army Clause restricts the duration of congressional appropriations for the army to two years.
Congress must authorise by law both the collection of government revenues and their expenditure before executive branch agencies are permitted to spend the money. This authorisation process has been followed annually since 1789, adhering to the spirit of the Constitution's two-year limit on appropriations.
In addition to these powers, the Necessary and Proper Clause grants Congress the authority to make laws that are necessary and proper for executing its powers. This includes the power to impose taxes and duties on the importation of persons, as long as they do not exceed $10 per person.
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Power to borrow money
The US Constitution grants Congress the power to borrow money. This power is derived from Article I, Section 8, Clause 2 of the Constitution, which states that Congress has the authority to "borrow money and emit bills on the credit of the United States."
The ability to borrow money is essential for the government to function effectively and meet its financial obligations. Congress can borrow money by issuing treasury notes and bonds, which are essentially promises to repay the loan with interest at a future date. This allows the government to raise funds for various purposes, such as funding public projects, stimulating the economy, or covering temporary cash shortfalls.
It's important to note that when Congress borrows money "on the credit of the United States," it creates a binding obligation to repay the debt as stipulated. This means that the government cannot default on its loans or unilaterally change the terms of its agreements. The power to borrow money carries a significant responsibility to ensure the country's creditworthiness and fiscal stability.
While Congress has the authority to borrow money, it is also responsible for managing the national debt. This includes setting limits on the total amount of debt the country can accumulate and determining how and when the borrowed funds will be repaid. Balancing the need for borrowing with prudent fiscal management is a critical aspect of Congress's role in the nation's economic health and stability.
In conclusion, the power granted to Congress by the Constitution to borrow money enables the federal government to access funds for its operations and fulfil its financial commitments. This power comes with the responsibility to manage the country's debt responsibly and maintain the credibility of the United States in the global economy.
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Power to regulate commerce
The US Constitution grants Congress the power to regulate commerce, which is an important power that allows the federal legislature to regulate the economy and protect the interests of the American people. This power is granted by the Commerce Clause, which is found in Article I, Section 8, Clause 3 of the Constitution.
The Commerce Clause gives Congress the authority to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This clause was included in the Constitution to eliminate trade barriers and create a unified economic front. Over time, the interpretation of the Commerce Clause has expanded to cover various aspects of economic activity, as well as non-economic activities that substantially affect interstate commerce.
Congress, through the Commerce Clause, regulates various economic activities and instrumentalities such as roads, railways, and the internet. This broad interpretation of the clause allows the federal government to respond to national challenges and manage a complex economy. The tension between federal jurisdiction and states' rights remains a contentious issue, with the Commerce Clause playing a central role in constitutional debates regarding the separation of powers.
Federal agencies created by Congress enforce federal regulations that govern interstate commerce. However, critics argue that these agencies sometimes enact rules that exceed their legislative authority. They argue that agencies are legislating rather than just implementing the law, which encroaches on congressional authority. The Supreme Court has curbed regulatory overreach in some cases, such as Gonzales v. Oregon (2006), while also affirming deference to agency interpretations of statutes in other cases, such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984).
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Power to establish citizenship laws
The U.S. Constitution grants Congress the power to establish citizenship laws. This power is known as the power to prescribe a uniform rule of naturalization, and it is explicitly mentioned in Article I, Section 8 of the Constitution. This power gives Congress the exclusive authority to establish laws and requirements for individuals to become citizens of the United States.
The power to establish citizenship laws is an important aspect of Congress's role in shaping the country's immigration and nationality policies. By setting the criteria and procedures for naturalization, Congress can determine who is eligible to become a citizen, the steps they need to take, and the rights and privileges that come with citizenship.
Throughout history, Congress has used this power to shape the requirements for naturalization. For example, in the early days of the United States, the Naturalization Act of 1790 restricted naturalization to "free white persons." This restriction was expanded in 1870 to include persons of "African nativity and descent." However, other discriminatory exclusions, such as the specific exclusion of "Chinese laborers" in 1882, have also been enforced. These exclusions are no longer in place, and modern naturalization statutes focus on loyalty, good moral character, and barring subversives, terrorists, and criminals from citizenship.
While Congress has the exclusive power to establish citizenship laws, it is important to note that the implementation and enforcement of these laws may involve other branches of the government, such as the courts and the executive branch. Additionally, states may play a role in the process by administering citizenship tests and interviews, but they cannot prescribe requirements for citizenship.
The power to establish citizenship laws also includes the authority to revoke citizenship in certain circumstances. For example, Congress has enacted laws that strip citizenship from individuals who commit treason, desert the armed forces in wartime, or attempt to overthrow the government by force or violence.
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Power to coin money
Article I, Section 8 of the Constitution grants Congress the power to coin money, regulate the value of money, and fix the standard of weights and measures. This power is exclusive to Congress, as Article I, Section 10 prohibits individual states from coining money.
The Constitution grants Congress authority over the currency of the United States, including the power to mint money and determine its value. Congress can also establish banks and manage the circulation of money. This includes the power to charter banks and endow them with the right to issue circulating notes.
The power to coin money also includes the authority to maintain coinage as a medium of exchange, and to forbid its diversion to other uses by defacement, melting, or exportation. Congress can also regulate the use of foreign currencies in contracts. For example, in Guaranty Trust Co. of N.Y. v. Henwood (1939), the Supreme Court upheld Congress's abrogation of clauses in pre-existing private contracts allowing bondholders to elect to be paid in foreign currencies.
However, the Supreme Court has held that such an abrogation of contracts involving obligations of the United States is an unconstitutional use of the coinage power. In Perry v. United States (1935), the Court reasoned that abrogation would render obligations of the United States mere illusory pledges.
Congress also has the power to punish the counterfeiting of money. The counterfeiting clause (Article I, Section 8, Clause 6) has been interpreted by the Supreme Court to mean that Congress can prohibit the creation of counterfeit coins or money. However, the clause does not ban the use of counterfeit money in financial transactions.
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