Jonah Patel
The United States Congress is one of the most powerful legislative bodies in the world, with its powers explicitly stated in the Constitution. Article I Section I of the Constitution states that All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The eighteen enumerated powers of Congress are laid out in Section 8 of Article I, and include the power to tax and spend for the general welfare, to borrow money, to regulate commerce with states and other nations, to establish citizenship naturalization laws, and to declare war. These constitutionally specified powers of Congress were laid out by the Founding Fathers to establish a government for the people, by the people, and to solidify that the power of the government derives from the people.
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What You'll Learn
Power to tax and spend
The US Constitution grants Congress the power to tax and spend for the general welfare and common defence. This is known as the Power of the Purse and is one of Congress's primary checks on the executive branch.
Article I, Section 8, Clause 1 of the Constitution 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; but all Duties, Imposts and Excises shall be uniform throughout the United States.
The power to tax and spend is one of the eighteen enumerated powers of Congress laid out in Article I, Section 8. These powers are explicit and limited, with Congress only having authority over the subject matter specified in the Constitution.
The Supreme Court has recognised that the enumerated powers include some implied powers. In McCulloch v. Maryland (1819), the Supreme Court upheld the constitutionality of the Bank and recognised the implied powers of Congress. The Commerce Clause of Article I, Section 8, Clause 3, has been interpreted as a source of congressional authority to regulate the economy. The Necessary and Proper Clause at the end of Section 8 has also been interpreted as expanding Congress's authority.
Congress has exclusive authority over financial and budgetary matters. In Helvering v. Davis, the Supreme Court affirmed Social Security as an exercise of Congress's power to spend for the general welfare.
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Power to borrow money
The US Constitution grants Congress the power to borrow money on the credit of the United States. This is one of the eighteen enumerated powers of Congress, as laid out in Article I, Section 8 of the Constitution.
The Constitution is a protected document that has been interpreted and debated since its writing. The Founding Fathers explicitly stated the powers of Congress in the Constitution to solidify that the government's power comes from the people. The Constitution vests Congress with legislative powers, and it forms the foundation of the federal government. The Vesting Clause embodies strategies for limiting Congress's power to protect individual liberty.
Congress has exclusive authority over financial and budgetary matters, through its 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 of the purse is one of Congress's primary checks on the executive branch. The Supreme Court affirmed Congress's power to spend for the general welfare in Helvering v. Davis.
Congress also has the power to coin money, regulate its value, and regulate the value of foreign coin, as well as the power to establish a uniform rule of naturalization and uniform laws on bankruptcy throughout the United States.
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Authority to regulate commerce
The Commerce Clause, outlined in Article 1, Section 8, Clause 3 of the US Constitution, grants Congress the authority to "regulate commerce with foreign nations, among states, and with the Indian tribes". This clause has been interpreted broadly by courts throughout US history, with the Supreme Court holding that Congress can regulate intrastate activity if it is part of a larger interstate commercial scheme.
The Commerce Clause has been used by Congress to justify exercising legislative power over state activities, leading to ongoing controversy regarding the balance of power between the federal government and the states. The interpretation of the clause has evolved significantly over time, with the Supreme Court narrowing its interpretation during the Lochner era (1905-1937) but returning to a more liberal construction in cases such as Gonzales v. Raich, which upheld federal regulation of intrastate marijuana production.
The Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause in United States v. Lopez (1995), holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. However, this case did not indicate a full return to the Lochner era, as the Court continued to interpret the clause liberally in subsequent cases.
The Commerce Clause grants Congress significant power to regulate interstate commerce and restrict states from impairing it. This power has been a source of ongoing debate and interpretation, with the Supreme Court's jurisprudence evolving markedly during the twentieth century as it heard an increasing number of cases on Congress's power to regulate commerce.
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Power to declare war
The power to declare war is one of the constitutionally specified powers of Congress. This power is outlined in Article I, Section 8, Clause 11 of the U.S. Constitution, also known as the War Powers Clause. The relevant text states that "Congress shall have Power [...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
The Framers of the Constitution intentionally vested this power in Congress rather than the President, as they did not want the nation's wealth and blood to be committed by the decision of a single individual. This was a departure from the English system, where the monarch held this power. The Framers understood the concentration of war-making power in a single person to be the most oppressive of all Kingly oppressions and resolved to prevent this in the new republic.
The power to declare war is distinct from the power to "make war". The change from "make war" to "declare war" was proposed by James Madison and Elbridge Gerry at the Federal Convention of 1787. This change was intended to leave the President with the power to repel sudden attacks without awaiting congressional approval, while still requiring explicit congressional approval to initiate war.
Congress has formally declared war on five occasions: the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. Four out of these five declarations came after hostilities had already begun. Since World War II, the U.S. has engaged in numerous armed conflicts without formal declarations of war, beginning with the Korean War. Despite this trend, Congress has at various points sought to reassert its constitutional authority over war powers decisions, such as with the enactment of the War Powers Resolution in 1973. This resolution requires the President to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities.
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Power to create laws
The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I Section I states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives". This is known as the Vesting Clause, which establishes Congress as the supreme lawmaker.
The enumerated powers of Congress are laid out in Section 8 of Article I. The eighteen enumerated powers include the power to tax and spend for the general welfare and the common defence, the power to borrow money, and the power to regulate commerce with states, other nations, and Native American tribes.
Article I, Section 8, Clause 18, also known as the Necessary and Proper Clause, gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution. This clause allows Congress to make all laws that are necessary and proper for executing the powers vested in the government of the United States or any department or officer thereof.
Congress also has exclusive authority over financial and budgetary matters, including the power to lay and collect taxes, duties, imposts, and excises, and to pay the debts of the United States. This "power of the purse" is one of Congress's primary checks on the executive branch.
In addition to the enumerated powers, Congress also has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause. The interpretation of these clauses by the Supreme Court has expanded Congress's authority to regulate the economy and enact legislation for the general welfare, such as Social Security.
Overall, the power to create laws is a critical aspect of Congress's role as the legislative branch of the United States government, enabling it to carry out its duties and ensure the country's functioning.
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Frequently asked questions
The US Constitution grants Congress the power to tax and spend for the general welfare and common defence, borrow money, regulate commerce with states, other nations, and Native American tribes, establish citizenship naturalization laws and bankruptcy laws, and coin money.
Congress has the power to declare war, raise and maintain armed forces, and make rules for the military. However, critics argue that the executive branch has increasingly usurped Congress's power to declare war.
Congress has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause.
Congress consists of a Senate and a House of Representatives, with each state having at least one representative. The legislative powers of Congress are explicitly stated in Article I of the Constitution, which vests Congress with "all legislative Powers herein granted".
