Omar Bennett
The US Constitution grants powers to the federal government, known as expressed powers, enumerated powers, explicit powers or delegated powers. These are mostly found in Article I, Section 8, and include the power to coin money, declare war, raise an army, and regulate commerce. The Constitution also outlines limitations on Congress, such as the Tenth Amendment, which states that any powers not delegated to the United States by the Constitution are reserved for the states or the people. The Supreme Court has recognised four types of powers belonging to the National Government: enumerated, implied, resulting, and inherent.
Expressed Powers in the US Constitution
| Characteristics | Values |
|---|---|
| Powers granted to the government | Found in Article I, Section 8 of the US Constitution within 18 clauses |
| Other names | Enumerated powers, explicit powers, or delegated powers |
| Powers include | Power to coin money, regulate foreign and interstate commerce, declare war, grant patents and copyrights, raise and support armies, and more |
| Congressional powers | To lay and collect taxes, duties, imposts, and excises; to borrow money; to regulate commerce; to establish uniform rules of naturalization and uniform laws on bankruptcy; to dispose of and make rules and regulations respecting US territory or property |
| Presidential powers | To approve or veto bills and resolutions passed by Congress; to write checks pursuant to appropriation laws; to preserve, protect, and defend the Constitution; to serve as Commander-in-Chief of the US military and militia; to grant reprieves and pardons for offenses against the US except in cases of impeachment; to make treaties with the advice and consent of Congress; to nominate ambassadors and other officials with the advice and consent of Congress; to commission officers of the US |
| Limitations | The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." |
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What You'll Learn
The power to tax and spend
Article I, Section 8 of the Constitution lists various powers that the States ceded to the National Government, including the power to tax and spend, to borrow, and to regulate commerce. The power to tax and spend is also known as the Taxing Clause.
The Taxing Clause of Article I, Section 8, is listed first for a reason: the Framers decided, and the ratifiers of the Constitution agreed, that Congress must itself possess the power “to lay and collect Taxes... to pay the Debts and provide for the common Defence and general Welfare of the United States.” Congress was given the power to assess, levy, and collect taxes without any need for assistance from the states. Congress’s taxing power was not limited to repayment of the Revolutionary War debts—it was prospective as well.
The Origination Clause of the Constitution provides that all bills for raising revenue must originate in the House of Representatives. The idea underlying the clause is that Representatives, being the most numerous branch of Congress, and most closely associated with the people, know best the economic conditions of the people they represent, and how to generate revenues for the support of the government in the least burdensome manner. Additionally, Representatives are regarded as the most accountable to the people and thus are least likely to exercise the taxing power abusively or injudiciously.
The power to tax implicitly comes with the power to spend the revenues raised to meet the objectives and goals of the government. The extent to which this power ought to be utilized by Congress has been a source of continued dispute and debate since the inception of the federal government. There are two primary interpretations of the General Welfare Clause, which restricts the power to tax and spend. The first, advocated by James Madison, asserts that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military. The second, articulated by Alexander Hamilton, views spending as an enumerated power that Congress can exercise independently. The Supreme Court sided with Hamilton in United States v. Butler (1936), and ever since, the law has been that Congress can use the Taxing Clause without tying such use to another of its constitutional powers.
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The power to regulate commerce
The United States Constitution grants specific powers to the federal government to regulate commerce among the states and with foreign nations. This power, known as the "Commerce Clause," is outlined in Article I, Section 8, Clause 3 of the Constitution and has been interpreted and re-interpreted over time to adapt to the changing economic landscape of the nation.
The Commerce Clause grants Congress the authority to
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The power to declare war
The Constitution of the United States grants Congress the power to declare war. This power is known as an enumerated or expressed power, specifically listed in the Constitution. Enumerated powers are those specifically identified in the Constitution and granted to the federal government of the United States. Article I, Section 8, Clause 11 of the Constitution outlines the power to declare war, along with the power to grant letters of marque and reprisal, and make rules concerning captures on land and water.
While Congress has the power to declare war, the President, as Commander-in-Chief of the armed forces, has the power to direct the military after a Congressional declaration of war. This dynamic requires cooperation between the President and Congress regarding military affairs, with Congress funding or declaring the operation and the President directing it.
It is worth noting that there have been instances where Presidents have engaged in military operations without express Congressional consent, such as the Korean War, the Vietnam War, and the Iraq War of 2002. However, without a formal declaration of war by Congress, these conflicts are not considered official wars by the United States.
The War Powers Resolution of 1973 was passed by Congress to address situations where U.S. troops were committed without Congressional approval. This resolution requires the President to notify Congress within 48 hours of committing troops and to remove them if Congress does not grant an extension after 60 days.
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The power to raise an army
The United States Constitution grants enumerated or expressed powers to the federal government. Enumerated powers are those that are specifically identified in the Constitution. These are also called expressed powers, explicit powers, or delegated powers. Most of these powers are listed in Article I, Section 8, which outlines the powers ceded to the National Government.
One of these expressed powers is the power to raise and support an army. This power is granted to Congress, which may exercise it within the limits set by the Bill of Rights. The relevant clause states:
> To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.
The Supreme Court has affirmed Congress's "broad constitutional power" to raise and regulate armies and navies. This power includes the ability to classify and conscript manpower for military service, as well as to make rules for the government and regulation of the armed forces. This includes setting up a system of criminal law binding on all servicemen, with its own courts, procedures, and appeals processes.
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The power to coin money
Expressed powers, also called enumerated, explicit, or delegated powers, are those granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.
One such power is the power to coin money. This power is granted to Congress by Article I, Section 8, Clause 5 of the Constitution, also known as the coinage clause. This clause gives Congress the exclusive power to coin money, regulate the value of money, and regulate the value of foreign coin. The Supreme Court has interpreted this clause as giving Congress the authority to regulate every aspect of United States currency.
Congress's power to coin money includes the power to maintain such coinage as a medium of exchange and to forbid its diversion to other uses by defacement, melting, or exportation. Congress may also require holders of gold coin or gold certificates to surrender them in exchange for other currency not redeemable in gold.
In addition, Congress has the power to establish banks and manage the circulation of money. This includes the power to charter banks and give them the right to issue circulating notes, such as coins, banknotes, and government notes. Congress can also restrain the circulation of notes not issued under its own authority.
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Frequently asked questions
Expressed powers, also known as enumerated powers, are powers granted to the government and are mostly found in Article I, Section 8 of the US Constitution.
Examples of expressed powers include the power to coin money, regulate foreign and interstate commerce, declare war, raise an army, borrow money, and collect taxes.
The Constitution outlines various limitations on Congress, including the Tenth Amendment, which states that any powers not delegated to the United States by the Constitution are reserved for the states or the people.
