Jonah Patel
The United States Constitution grants Congress several powers, including the ability to lay and collect taxes, regulate commerce, and declare war. Article I of the Constitution outlines most of Congress's powers, with Section 8 enumerating 18 explicit powers, including the power to tax and spend for the general welfare and the common defence. Congress also has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the ability to propose amendments to the Constitution. The legislative branch of Congress consists of the Senate and the House of Representatives, with the House of Representatives holding the sole power of impeachment. While the Constitution grants Congress the power to declare war, critics argue that the executive branch has usurped this authority.
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What You'll Learn
Power to tax and spend
The power to tax and spend is one of the most important powers of the US Congress. This power is granted by Article I, Section 8, Clause 1 of the US Constitution, also known as the ""Taxing and Spending Clause".
The Taxing and Spending Clause authorises Congress to levy taxes and spend revenues to achieve two purposes: to pay off US debts and to provide for the common defence and general welfare of the country. This clause has traditionally been interpreted to constitute the federal government's power to tax and spend.
The power to tax and spend has been a source of dispute and debate since the inception of the federal government. While Congress has broad authority in this area, there are some limitations to its power. For example, the Supreme Court has ruled that Congress does not have the power to directly regulate labour, as seen in the "Child Labor Tax Case" in 1922.
The interpretation of the General Welfare Clause, which is part of the Taxing and Spending Clause, has been particularly contentious. Alexander Hamilton argued for a broad interpretation, stating that "general welfare" covers a wide range of subject matters. On the other hand, James Madison advocated for a narrower interpretation, suggesting that spending must be tied to another specifically enumerated power, such as regulating interstate commerce or providing for the military.
Despite these differing interpretations, the Supreme Court has emphasised the sweeping nature of Congress's power to tax and spend, stating that it "reaches every subject" and is "exhaustive". However, the Court has also acknowledged that this power is not unlimited and has, at times, curtailed it with respect to the subject matter of taxation, the manner of imposing taxes, and the objects for which they are levied.
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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 authority to "regulate commerce with foreign nations, among states, and with the Indian tribes". This clause has been interpreted and applied broadly by the Supreme Court, allowing Congress to exert legislative power over the activities of states and their citizens, and significantly impacting the balance of power between the federal government and the states.
The interpretation of the Commerce Clause has evolved over time. Early Supreme Court cases, such as Gibbons v. Ogden in 1824, interpreted the clause as a limitation on state power rather than a source of federal power, holding that intrastate activity could be regulated if it was part of a larger interstate commercial scheme. In the 1905 case of Swift and Company v. United States, the Court affirmed Congress's authority to regulate local commerce that could become part of interstate commerce involving the movement of goods and services.
However, during the Lochner era from 1905 to 1937, the Court narrowed its interpretation of the Commerce Clause, suggesting that it does not empower Congress to pass laws impeding an individual's right to enter into business contracts. In the 1995 case of United States v. Lopez, the Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause, holding that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.
Despite this, the Court's interpretation of the Commerce Clause has not consistently narrowed. In Gonzales v. Raich, the Court upheld federal regulation of intrastate marijuana production, returning to a more liberal construction of the clause. The Affordable Care Act (ACA) was also challenged based on the Commerce Clause, with the Court holding that the individual mandate requiring the purchase of health insurance could not be enacted under the clause as it regulated inactivity rather than commercial activity.
The Commerce Clause continues to be a subject of debate and interpretation, with Congress often using it to justify its legislative power. The broad language of the clause, without a precise definition of "commerce," has allowed for varying interpretations and applications over time.
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Declare war
Article I, Section 8 of the United States Constitution explicitly states that Congress has the power to declare war. This is one of the enumerated powers of Congress, which are the powers specifically outlined in the Constitution. The power to declare war gives Congress the authority to formally announce that a state of war exists between the United States and another nation.
Historically, the process of going to war was initiated by the President, who would request and receive a formal war declaration from Congress. This occurred during the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. However, there have been instances where Presidents have initiated military actions without congressional war declarations, such as in the Korean War and the Vietnam War. Critics have charged that the executive branch has, in some cases, usurped Congress's Constitutionally-defined task of declaring war.
The debate surrounding the legal extent of the President's authority to initiate military action without a formal declaration of war from Congress has led to the proposal of constitutional amendments, such as the Ludlow Amendment, which would require a national referendum on a declaration of war. The War Powers Resolution, passed by Congress in 1971, was an attempt to rein in some of the President's claimed powers in this regard.
Despite these debates and proposals, Congress holds the sole authority to issue formal war declarations under the United States Constitution. This power is an important aspect of Congress's role in national defence and has been exercised on a limited number of occasions since the nation's founding.
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Admit new states
The power to admit new states to the Union is provided by the Admissions Clause of the United States Constitution in Article IV, Section 3, Clause 1. This clause authorizes the United States Congress to admit new states into the Union beyond the thirteen states that existed when the Constitution came into effect on June 21, 1788. Since then, Congress has admitted 37 states to the Union.
The basic procedures for admitting states to the Union are straightforward, and the constitutional constraints on admission are minimal. Congress has used various legislative mechanisms to admit new states. In some cases, Congress has passed a straightforward law declaring a new state, such as the 1850 California admission act. In other instances, Congress has passed an "enabling act," which sets forth a process that, if completed satisfactorily, will result in the proclamation of a new state by the president. An example of this is the 1894 Utah enabling act.
The enabling act typically authorizes the population of a territory to convene a constitutional convention to draft a constitution for the new proposed state and to apply for admission to Congress. Congress may specify a range of conditions that the proposed state must meet for admission, such as prohibiting polygamy or slavery, or mandating religious toleration and civil jury trial rights. Once the proposed state constitution is drafted, it is sent to Congress, which then decides whether to pass an additional act or resolution admitting the state.
The Admission to the Union Clause forbids the creation of new states from parts of existing states without the consent of all the affected states and that of Congress. This consent requirement has come into play only a handful of times in American history, such as when Massachusetts consented to the formation of Maine. Most famously, Virginia was treated as consenting to the formation of West Virginia at the outset of the Civil War, even though it was a breakaway province of Virginia that declared itself to be the lawful government and then purported to give consent to the creation of the new state.
The Northwest Ordinance established the precedent by which the Federal government would expand westward with the admission of new states, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation. The 1st United States Congress reaffirmed the Northwest Ordinance in 1789, with slight modifications. The Northwest Territory remained in existence until 1803, when the southeastern portion was admitted to the Union as the State of Ohio, and the remainder was reorganized.
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Impeachment powers
The US Constitution grants Congress the power to impeach federal officials, including the President, Vice President, and all civil officers. The House of Representatives has the sole power to impeach an official, which it does by approving articles of impeachment by a simple majority vote. The House has initiated impeachment proceedings over 60 times, but there have only been 21 impeachments, including three presidents.
Once the House has impeached an official, the Senate holds an impeachment trial, sitting as a High Court of Impeachment. In the case of a presidential impeachment trial, the Chief Justice of the United States presides. The Senate considers the evidence, hears witnesses, and votes to acquit or convict the impeached official. The Senate has the sole power to try impeachments, and no person can be convicted without the concurrence of two-thirds of the members present.
If an official is found guilty by the Senate, they are removed from office and may be disqualified from holding elected office in the future. However, impeachment does not preclude criminal liability, and the official may still be subject to indictment, trial, judgment, and punishment according to law.
The definition of "high Crimes and Misdemeanors" has long been debated and lacks a formal definition, but it includes political offences, personal misconduct, gross neglect, usurpation, and habitual disregard of the public interest.
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Frequently asked questions
Congress's powers are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts, as well as other factors such as history and custom. Article I of the Constitution sets forth most of the powers of Congress, including:
- The power 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.
- The power to regulate commerce with foreign nations, among the states, and with Indian tribes.
- The power to establish uniform rules of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
Congress has the exclusive power to declare war, raise and maintain armed forces, and make rules for the military. However, there have been instances where presidents have initiated war without formal congressional declarations, with some critics charging that the executive branch has usurped Congress's power to declare war.
Article I, Section 8, Clause 18, also known as the Necessary and Proper Clause, gives Congress the authority to create laws necessary and proper for carrying into execution the powers of the Constitution. This clause has been interpreted broadly, with the Supreme Court ruling in McCulloch v. Maryland that it gave Congress the implied power to establish a national bank in Maryland.
Congress has the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This is often referred to as Congress's power over intellectual property.
Article Four, Section 3, gives Congress the power to admit new states into the Union. Congress can also "dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States."
