Isabella Carter
The Constitution of the United States outlines the powers of the three branches of the federal government and the basic rights of American citizens. The first article of the Constitution, which establishes the legislative branch, outlines several powers specifically granted to Congress, including the power to lay and collect taxes, duties, imposts, and excises, to regulate commerce with foreign nations and among the states, to establish a uniform rule of naturalization, to coin money, and to provide for the punishment of counterfeiting. The Constitution also grants Congress the power to raise and support armies, declare war, and make laws necessary and proper for carrying into execution the foregoing powers. The Senate, which is the upper house of Congress, has the sole power to try impeachments. The Constitution also recognises the powers of state governments, including the police powers of health, education, and welfare.
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What You'll Learn
Congress's power to lay and collect taxes
The power to tax is considered essential for any government to function effectively. The framers of the US Constitution recognised this, and the Taxing Clause was intentionally listed first in Article I, Section 8, to emphasise its importance. The power to tax was a significant shift from the Articles of Confederation, which only allowed Congress to request money from the states, often resulting in financial difficulties and national security concerns.
The Taxing Clause grants Congress broad authority to lay and collect taxes, duties, imposts, and excises. This power is not limited to repaying Revolutionary War debts but is also prospective. The Supreme Court has emphasised the comprehensive nature of this power, stating that it "reaches every subject" and "embraces every conceivable power of taxation".
While Congress's taxing power is extensive, it is not without limitations. The Constitution outlines that all duties, imposts, and excises should be uniform throughout the United States. Additionally, Article I, Section 9, Clause 5 imposes another limitation, stating that no tax or duty shall be imposed on articles exported from any state. The scope of Congress's taxing authority has also been curtailed by judicial decisions, such as in Bailey v. Drexel Furniture Co. (Child Labor Tax Case) in 1922, which impacted the manner in which taxes are imposed.
The power to tax is closely linked to the power to spend. While there is debate over whether the Taxing Clause explicitly grants Congress the power to spend, it is generally recognised that the power to tax implicitly includes the power to spend the revenues raised to meet the objectives of the government.
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The power to regulate commerce with foreign nations
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
This clause gives Congress broad powers to regulate interstate commerce and restrict states from impairing interstate commerce. It has been interpreted to mean that Congress can make regular, and even prohibit, the trade, transportation, or movement of persons and goods from one state to a foreign nation, another state, or an Indian tribe.
Early Supreme Court cases viewed the Commerce Clause as limiting state power rather than as a source of federal power. However, beginning with NLRB v. Jones & Laughlin Steel Corp in 1937, the Court began to recognize broader grounds upon which the Commerce Clause could be used to regulate state activity. In United States v. Darby, Justice Stone ruled that "regulations of commerce which do not infringe some constitutional prohibition are within the plenary power conferred on Congress by the Commerce Clause".
The Commerce Clause has been used to justify exercising legislative power over the activities of states and their citizens, leading to significant controversy regarding the balance of power between the federal government and the states. The interpretation of the clause has evolved over time, with the Supreme Court taking a generally broad interpretation but narrowing its view during the Lochner era between 1905 and 1937.
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The power to declare war
The framers of the Constitution intentionally chose the phrase "declare war" over "make war" to restrict the executive branch's ability to commence wars without Congressional approval. This provision was designed to prevent the oppression associated with monarchs unilaterally engaging their nations in wars.
Congress has exercised this power sparingly, with only five formal war declarations issued against ten foreign nations. These include the War of 1812 against the United Kingdom, the Mexican-American War, the Spanish-American War, World War I, and World War II. Notably, the last formal declaration of war occurred in 1942 against Hungary, Bulgaria, and Romania during World War II.
While Congress holds the sole authority to declare war, the President, as commander-in-chief, has asserted constitutional authority to engage in "police actions" and use military force without formal declarations. This has led to debates about the appropriate balance of powers between the legislative and executive branches in matters of war.
The War Powers Resolution, passed by Congress in 1973, sought to address these concerns by requiring the President to obtain either a declaration of war or congressional authorization for the use of military force. However, the interpretation and implementation of this resolution remain subjects of ongoing discussion and debate.
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The power to raise and support armies
The Constitution of the United States grants Congress the power to raise and support armies. This power is derived from Article I, Section 8 of the Constitution, which outlines Congress's enumerated powers. The power to raise and support armies serves as a check and balance against the president's commander-in-chief powers.
The Framers of the Constitution were aware of the potential for abuse of power, having witnessed the English monarchy use its authority to the detriment of its subjects. As such, they intended to limit the president's power over military affairs. By vesting Congress with the power to raise and support armies, the Framers ensured that the will of the governed plays a role in any war effort. Congress is responsible for approving the military budget for the Department of Defense annually, and this funding is separate from appropriations for other means used in military operations.
The Supreme Court has upheld Congress's broad constitutional power to raise, regulate, and maintain armies and navies. It has been ruled that the power of Congress to mobilize an army is distinct from its authority to call upon state militias, and the Constitution does not limit Congress from raising armies as it sees fit. The Court has also rejected arguments that compulsory military service violates the Thirteenth Amendment, stating that it does not prohibit states from enforcing civic duties such as jury duty and serving in a state militia.
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The power to coin money
Article I, Section 8, Clause 5 of the Constitution, also known as the Coinage Clause, grants Congress the exclusive power to coin money. This clause gives Congress the authority to mint money, regulate its value, and determine its use.
The Supreme Court has interpreted this clause as giving Congress the sole authority to regulate every aspect of United States currency, including the power to charter banks and 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 authority.
In addition, Congress has the power to regulate the value of foreign coin and fix the standard of weights and measures. This power also includes the ability to prohibit the states from coining money and the authority to punish anyone who produces counterfeit money.
The Supreme Court has upheld Congress's power to abrogate clauses in pre-existing private contracts calling for payment in gold coin or allowing bondholders to elect to be paid in foreign currencies. However, the Court has held that such abrogation is an unconstitutional use of the coinage power when it comes to obligations of the United States, as it would render those obligations illusory pledges.
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Frequently asked questions
The US Constitution grants Congress the power to lay and collect taxes, regulate commerce with foreign nations and among states, establish a uniform rule of naturalization, coin money, and raise and support armies.
The Necessary and Proper Clause gives Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States".
Implied powers are not specifically stated in the Constitution but may be inferred from the Necessary and Proper Clause.
The Tenth Amendment of the Constitution recognizes the powers of state governments, including traditional "police powers" of health, education, and welfare. The amendment states that powers not delegated to the United States by the Constitution are reserved for the states or the people.
