Eleanor Finch
The legislative powers of the United States Congress are explicitly stated in the Constitution, with Article I Section I stating that all legislative powers herein granted shall be vested in a Congress of the United States. The Constitution grants Congress the authority to enact legislation, declare war, confirm or reject presidential appointments, and hold investigative powers. The eighteen enumerated powers of Congress are laid out in Section 8 of Article I, including the power to tax and spend for the general welfare and common defence, to regulate commerce with states and other nations, and to establish citizenship naturalization laws. The Necessary and Proper Clause of the Constitution permits Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. Congress also holds the power to choose the president or vice president if no one receives a majority of Electoral College votes, and the power to enforce the right of citizens to vote regardless of sex or age.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Enumerated Powers | To lay and collect taxes, duties, imposts, and excises; to pay debts and provide for common defence and general welfare; to regulate commerce with foreign nations, states, and Indian tribes; to establish uniform rules of naturalization and bankruptcy laws; to raise and support armies; to declare war; to make rules concerning captures on land and water; to define and punish piracies and felonies committed on the high seas and offences against the law of nations; to constitute tribunals inferior to the Supreme Court; to establish a national bank; to borrow money; to impeach a sitting president; to choose the president or vice president if no one receives a majority of Electoral College votes |
| Necessary and Proper Clause | 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, or in any department or officer thereof |
| Implied Powers | To prohibit child labor, establish a minimum wage, and divide monopolies under the Commerce Clause |
| Investigative Powers | To conduct hearings and investigations, compel the production of evidence or testimony, and oversee government operations |
| Oversight | To confirm or reject Presidential appointments, and maintain oversight of the executive branch |
| Electoral Powers | To be the judge of the elections, qualifications, and quorum of its members; to determine the rules of its proceedings, punish members for disorderly behaviour, expel members, keep a journal of its proceedings, and direct spending |
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What You'll Learn
To lay and collect taxes
The US Constitution grants Congress the 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 power is outlined in Article I, Section 8, Clause 1 of the Constitution, also known as the Taxing Clause or the Taxing and Spending Clause.
The power to tax is shared by the federal government and individual states, and it is considered essential to the effective administration of the government. Congress has the authority to levy taxes for two primary purposes: to pay off federal debts and to provide for the common defence and general welfare of the country. This power has been interpreted broadly by the Supreme Court, stating that it "reaches every subject" and "embraces every conceivable power of taxation".
The Sixteenth Amendment, ratified in 1913, extended the power of taxation to include income taxes, allowing Congress to "lay and collect taxes on income, from whatever source derived, without apportionment among the several States". This amendment was further upheld by the Supreme Court in Brushaber v. Union Pacific Railroad, which ruled that income taxes were constitutional under the Sixteenth Amendment, even if they were unapportioned.
Congress has also employed its taxing power for purposes other than raising revenue, such as regulatory taxation to regulate commerce, and prohibitive taxation to discourage or suppress commerce. The Necessary and Proper Clause of the Constitution has been interpreted to grant Congress implied powers to spend the revenues raised by taxation to meet the objectives and goals of the government. However, the scope of Congress's taxing power has been curtailed at times by judicial decisions, impacting the manner in which taxes are imposed, the objects for which they are levied, and the subject matter of taxation.
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To declare war
The US Constitution grants Congress the power to declare war. Article I, Section 8, Clause 11 of the Constitution specifically lists the power of Congress to "declare war", which gives the legislature the power to initiate hostilities. Clause 11 also empowers Congress to issue letters of marque and reprisal, which permit private citizens to capture or destroy enemy property, and to make rules concerning captures of enemy property on land or at sea.
The Framers of the Constitution gave Congress the sole power to declare war because they wanted the people's will to decide when to enter such a conflict. If the Framers had given the president the sole power to declare war, a single person could have decided to enter the United States into a military conflict. Instead, they vested this power in Congress, which is comprised of senators and representatives from each state.
The War Powers Resolution (WPR) of 1973 was passed by Congress to limit the president's ability to initiate or escalate military actions abroad without Congressional consent. It provides that the president can only introduce armed forces into hostilities if Congress has passed a declaration of war, specific statutory authorization, or in the case of a "national emergency created by attack upon the United States".
While Congress has the power to declare war, the president is the Commander-in-Chief of the armed forces and has the power to direct the military after a Congressional declaration of war. The president also has the power to use the military and militias for the country's common defence and to respond to sudden attacks without Congressional authorization.
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To raise and maintain armed forces
The US Constitution grants Congress several powers, including the power to raise and maintain armed forces. This power is derived from Article I, which outlines the legislative powers of Congress and establishes it as the chief legislative body of the United States.
Article I, Section 8 of the Constitution specifically enumerates Congress's power to "raise and support Armies" and "provide and maintain a Navy." This power is further reinforced by Congress's authority to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." Additionally, Congress has the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers."
The Necessary and Proper Clause of the Constitution allows Congress to make laws to execute its powers, including the power to raise and maintain armed forces. This clause has been broadly interpreted, granting Congress the authority to establish a national bank and exert control over monopolies, child labour laws, and minimum wage under the Commerce Clause.
Congress's power to raise and maintain armed forces is also evident in its ability to organise militias and establish a system of criminal law binding on all servicemen. This includes creating substantive laws, courts, procedures, and an appeals process specific to the military. Congress's authority in this area has been affirmed by the Supreme Court, which recognised its "broad constitutional power" to regulate armies and navies.
While Congress has the power to declare war, there have been instances where presidents have initiated military action without formal congressional declaration. This has led to criticism and disagreement about the extent of congressional versus presidential power regarding war.
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To make and enforce laws
The United States Congress is made up of the House of Representatives and the Senate, and it is the only part of the government that can make new laws or change existing laws. Congress has the power to make laws that are “necessary and proper” for executing the powers vested by the Constitution in the government. This includes the power to levy taxes and tariffs to fund essential government services and to authorize borrowing if there is a shortfall. Congress can also mandate spending on specific items, such as legislatively directed spending, commonly known as "earmarks".
Congress also has the power to regulate commerce with foreign nations and among the states, to establish a uniform rule of naturalization and uniform laws on bankruptcy, and to coin money and regulate its value. It can also provide for the punishment of counterfeiting and promote the progress of science and the arts by securing, for limited times, the exclusive rights of authors and inventors to their respective writings and discoveries.
Congress has the sole authority to declare war and the power to define and punish piracies and felonies committed on the high seas and offences against the law of nations. It can also raise and support armies, but no appropriation of money for this purpose can be for longer than two years.
Congress also has the power to enforce the provisions of the Constitution, such as the prohibition of slavery and the right of citizens to vote. It can also regulate the manner in which the House of Representatives is assembled and the rules of its proceedings.
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To impeach a sitting president
The United States Constitution provides Congress with the authority to impeach and remove the President. The House of Representatives has the "sole Power of Impeachment" and can impeach a party with a simple majority vote, triggering a federal impeachment trial in the Senate. The Senate then sits as a High Court of Impeachment, with the Chief Justice of the United States presiding in the case of presidential impeachment. The Senate requires a two-thirds majority to convict and remove a President from office.
The Constitution outlines several provisions relevant to the impeachment of federal officials. Article I, Section 2, Clause 5 grants the House of Representatives the sole power of impeachment, while Article I, Section 3, Clause 6 assigns the Senate sole responsibility for trying impeachments. The sanctions for an impeached and convicted individual are outlined in Article I, Section 3, Clause 7, which include removal from office and the potential bar from holding future office. Article II, Section 2, Clause 1 states that the President does not have the power to pardon in cases of impeachment. Article II, Section 4 defines which officials are subject to impeachment and what constitutes impeachable behaviour.
The impeachment process has its roots in 14th-century England, where Parliament used it to hold the king's ministers accountable for their actions. The practice was later adopted by American colonial and state governments, and it was considered so important by the Founders that they included it in Article I of the Constitution. During the Constitutional Convention, Framers debated various aspects of impeachment, including the venue and process for trials, what actions warranted impeachment, and the likelihood of conviction.
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for alleged misconduct, with the penalty of removal from office. The House of Representatives brings articles of impeachment against an official, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, hearing witnesses and considering evidence before voting to acquit or convict. The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office upon conviction.
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Frequently asked questions
Article I, Section 8 of the Constitution states that Congress has the 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".
The Necessary and Proper Clause, also known as the Elastic Clause, is found in Article I, Section 8, Clause 18 of the Constitution. It permits Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". This clause has been interpreted broadly, widening the scope of Congress's legislative authority.
One example of an implied power of Congress is the power to establish a national bank. This was established in the Supreme Court case McCulloch v. Maryland, which recognised the federal government's authority under the Necessary and Proper Clause.
The Constitution gives Congress the power to declare war, raise and maintain armed forces, and make rules for the military. This is outlined in Article I, Section 8, which states that Congress has the power to "raise and support Armies" and "provide for the common Defence".
Congress's impeachment power is explicitly stated in Article I, Section 2 and 3 of the Constitution. The House of Representatives can bring articles of impeachment against an official, and the Senate is responsible for the impeachment trial. To impeach a sitting President, a two-thirds vote is required in the Senate.
