Jonah Patel
The United States Congress is made up of the House of Representatives and the Senate, and is one of the three coequal branches of government. The legislative powers of the United States Congress are explicitly stated in the Constitution, with Article I of the Constitution enumerating most of the powers of Congress. The eighteen enumerated powers are explicitly stated in Article I, Section 8, and include the power to tax and spend for the general welfare and the common defense, to borrow money, to regulate commerce with states, other nations, and Native American tribes, and to establish citizenship naturalization laws and bankruptcy laws.
| Characteristics | Values |
|---|---|
| Legislative powers | To make laws and change existing laws |
| Power to tax and spend | To lay and collect taxes, duties, imposts and excises |
| Power to borrow money | |
| Power to regulate commerce | To regulate commerce with states, other nations, and Native American tribes |
| Power to establish citizenship laws | To establish uniform rules of naturalization |
| Power to establish bankruptcy laws | To establish uniform laws on the subject of bankruptcies |
| Power to promote the progress of science and the useful arts | To secure for limited times the exclusive rights of authors and inventors to their respective writings and discoveries |
| Power to define and punish piracies and felonies committed on the high seas | |
| Power to declare war | To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water |
| Power to raise and support armies | To raise and maintain the armed forces |
| Power to provide for and govern the militia | To organize, arm, and discipline the militia |
| Power to impeach | To impeach a sitting President in office |
| Power to propose amendments to the Constitution | To propose amendments and specify ratification by the state legislature or by conventions |
| Power to choose the President or Vice President | To choose the President or Vice President if no one receives a majority of Electoral College votes |
| Power to enact legislation to enforce the rights of all citizens | To enact legislation to enforce rights of all citizens regardless of race, including voting rights, due process, and equal protection under the law |
| Power of the purse | To spend for the general welfare |
| Investigative powers | Substantial investigative powers |
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What You'll Learn
Power to tax and spend
The US 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 power allows Congress to raise revenue through various means, such as taxes, duties, imposts, and excises, and to spend that revenue on the defence and general welfare of the country. The Spending Clause also stipulates that these taxes must be uniform throughout the United States.
The Origination Clause further outlines the legislative process for taxation, stating 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." This means that any legislation related to taxation must first be introduced in the House of Representatives, but the Senate can still propose amendments.
Congress's power to tax and spend is also limited by the Constitution in certain ways. For example, the Army Clause restricts the duration of appropriations for the army to two years. Additionally, Congress must authorize by law both the collection of government revenues and their expenditure before executive branch agencies can spend the money.
To ensure transparency, Congress is also required to publish information about its budgetary decisions. This is facilitated by reports from legislative support agencies such as the Government Accountability Office (GAO) and the Congressional Budget Office (CBO).
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Authority to create laws
Article I of the U.S. Constitution establishes the legislative branch of the federal government, which consists of the House of Representatives and the Senate, together forming the United States Congress. Article I also enumerates the powers of Congress and the specific areas in which it may legislate.
Congress has the sole authority to enact legislation and make laws. This includes the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations, Native American tribes, and among the states. Congress can also establish uniform rules for naturalization and bankruptcy laws.
The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, gives Congress the authority to create laws that are necessary and proper to carry out the enumerated powers of the Constitution. This clause has been interpreted broadly, as in the case of McCulloch v. Maryland, which recognised the federal government's authority to establish a national bank under the tax and spend clause, and that states could not interfere.
Congress also has the power to raise and support armies, organise and discipline the militia, and provide for the common defence. This includes the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
The legislative process begins with the introduction of a bill to Congress. While anyone can write a bill, only members of Congress can introduce legislation. The bill must pass both houses of Congress before going to the President for consideration. Congress can override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives.
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Declare war
The United States Constitution grants Congress the power to "declare war". This power is derived from Article One, Section Eight of the Constitution, which states that "Congress shall have power to... declare War". This power is exclusive to Congress and forms a key part of their legislative authority.
The power to declare war is distinct from the power to "make war". This distinction was made at the Federal Convention of 1787, where the phrase "make war" was changed to "declare war" to ensure that the president could repel sudden attacks but could not commence a war without the explicit approval of Congress.
Despite this, there is ongoing debate about the legal extent of the president's authority to authorise military force without a formal declaration of war. The United States Court of Appeals for the First Circuit stated that an authorization can suffice for a declaration, and what some may view as a formal congressional "Declaration of War".
Congress has only formally declared war on five separate occasions, issuing declarations against ten different foreign nations. Four out of the five declarations came after hostilities had already begun. The nations that the US has formally declared war against are:
- The United Kingdom (1812)
- Mexico (1846)
- Germany (World War I)
- Austria-Hungary (World War I)
- Japan (World War II)
- Germany (World War II)
- Italy (World War II)
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Impeachment powers
The US Constitution grants Congress the authority to impeach federal officials. Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives has the "sole Power of Impeachment" and charges an official by approving, through a simple majority vote, articles of impeachment. The House has initiated impeachment proceedings more than 60 times.
The Senate holds the impeachment trial and has the "sole Power to try all Impeachments". The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A two-thirds vote of the Senate is required to convict. In the case of a presidential impeachment trial, the Chief Justice of the United States presides.
If an official is found guilty, they are removed from office and may be disqualified from holding elected office again. However, impeachment does not preclude criminal liability, and the impeached official remains "liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law".
The president, vice president, and all civil officers of the United States are subject to impeachment for treason, bribery, or other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" has long been debated and has been fleshed out over time through the practice of impeachments.
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Establish citizenship naturalization laws
The power to establish citizenship naturalization laws is one of the key powers of Congress as outlined in the US Constitution. This power is derived from Article I, Section 8, Clause 4 of the Constitution, which states that Congress has the authority to ""establish an uniform Rule of Naturalization". This clause grants Congress the exclusive power to create laws and regulations governing how foreign nationals can become US citizens.
The interpretation of the Naturalization Clause has been a subject of debate and evolution throughout US history. Early on, the first naturalization act enacted by Congress restricted naturalization to "free white persons". However, in 1870, this was expanded to include persons of "African nativity and descent". At the same time, "Chinese laborers" were specifically excluded from eligibility in 1882. These exclusions are no longer in force.
The Supreme Court has described naturalization as "the act of adopting a foreigner and clothing him with the privileges of a native citizen". Chief Justice Marshall further elaborated on this, stating that a naturalized citizen becomes a full member of society, possessing the same rights as a native citizen. The Fourteenth Amendment also played a role in settling the basis of citizenship, particularly in recognizing the "right of expatriation" by individuals.
Congress's power over naturalization is exclusive, meaning that states cannot impose their own conditions for aliens to become US citizens. However, while states cannot prescribe requirements for citizenship, they do have the ability to confer rights, including political rights, to resident aliens. Naturalization can occur through individual application and official response based on general congressional rules, but it is not limited to this process. Citizenship can also be conferred by a special act of Congress or through congressional action, such as the naturalization of residents of an annexed territory.
In summary, the power to establish citizenship naturalization laws is a critical aspect of Congress's authority under the Constitution. This power allows Congress to create uniform rules and regulations for foreign nationals seeking US citizenship, with the interpretation and application of this power evolving over time to reflect changing societal norms and values.
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Frequently asked questions
The United States Congress is made up of the House of Representatives and the Senate, and it is the chief legislative body of the country. The Constitution grants Congress the authority to enact legislation, declare war, raise and maintain armed forces, make rules for the military, confirm or reject Presidential appointments, and exercise investigative powers.
Enumerated powers are those that are explicitly defined by the Constitution. The eighteen enumerated powers of Congress are laid out in Article I, Section 8. These include the power to tax and spend for the general welfare, borrow money, regulate commerce with states and other nations, establish citizenship naturalization laws, and make laws necessary to carry out the laws of the land (Necessary and Proper Clause).
The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, permits Congress 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". This clause has been interpreted broadly, widening Congress's legislative authority.
Congress has the exclusive power to declare war, raise and maintain armed forces, and make rules for the military. However, critics have charged that this power has been usurped by the executive branch, with presidents initiating military actions without formal war declarations.
