Omar Bennett
The US Constitution grants specific powers to the three branches of the federal government. These powers are called expressed powers or enumerated powers and are primarily found in Article I, Section 8, which outlines the legislative powers of Congress. These powers include the ability to coin money, regulate commerce, declare war, and grant patents and copyrights. The Constitution also imposes limitations on Congress, such as the Tenth Amendment, which states that any powers not explicitly granted to the federal government are reserved for the states or the people. The interpretation of these powers has evolved over time, with Congress and the Supreme Court deriving implied powers from the enumerated ones. The US Constitution also outlines the powers of the President, including the ability to approve or veto bills, serve as Commander-in-Chief, grant reprieves and pardons, make treaties, and nominate ambassadors and officials.
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What You'll Learn
The power to coin money
In summary, the power to coin money is an essential expressed power granted to Congress by the US Constitution. It allows Congress to mint money, determine its value, regulate foreign currency, and punish the use of counterfeit money. This power has been interpreted broadly by the Supreme Court and is crucial for the federal government's ability to function effectively.
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The power to declare war
The Declare War Clause in Article I, Section 8 of the Constitution gives Congress the power to "declare war". This unquestionably gives the legislature the power to initiate hostilities, and it is widely agreed that this power is exclusive to Congress. This means that the President cannot, on their own authority, declare war. However, the extent to which this clause limits the President's ability to use military force without Congress's approval remains highly contested.
The interpretation of the Declare War Clause has been a source of controversy, especially during the Cold War era and in the context of US involvement in the Vietnam War. The controversy centres around whether the President has the power to commit troops abroad to further national interests without a declaration of war or specific congressional authorisation. The Supreme Court has refused to provide a clear interpretation, and lower courts have generally avoided the issue on "political question" grounds.
The Declare War Clause is also ambiguous due to the changing nature of modern hostilities. The traditional understanding of "to declare war" involves issuing a formal declaration of war, but modern conflicts often begin without such a statement. For example, the Vietnam War is considered an "undeclared war" as no official declaration was made. This ambiguity has led to debates about the extent of federal authority and the potential for conflicts and legal challenges.
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The power to tax
Article I, Section 8, Clause 1 of the US 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". This clause grants Congress the power to implement and collect taxes from individuals and businesses, also known as the taxing power.
The Taxing and Spending Clause permits the levying of taxes for two purposes only: to pay the debts of the United States and to provide for the common defence and general welfare of the United States. This clause has been interpreted in different ways, leading to debates about the extent of federal authority. For example, there is disagreement about whether the General Welfare Clause grants an independent spending power or is a restriction on the taxing power.
The Constitution also includes limitations on the power to tax. For example, Article I, Section 9, Clause 4 states that no direct tax shall be laid unless it is in proportion to the population of each state. Additionally, the Origination Clause in Article I, Section 7, Clause 1, requires that all bills for raising revenue must originate in the House of Representatives, as they are the most accountable to the people and therefore least likely to exercise the taxing power abusively.
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The power to regulate commerce
The Commerce Clause, outlined in Article I, Section 8, Clause 3 of the US Constitution, grants Congress the power to regulate commerce with foreign nations, among states, and with the Indian tribes. This clause has been a source of controversy regarding the balance of power between the federal government and the states, with Congress often using it to justify exercising legislative power over the activities of states and their citizens.
The interpretation of the Commerce Clause has evolved over time, with the Supreme Court initially interpreting it broadly to include intrastate activity that is part of a larger interstate commercial scheme. This interpretation expanded Congress's authority to regulate local commerce, provided that it was part of a continuous "current" of commerce involving the interstate movement of goods and services.
However, in 1937, the Court began to recognize broader grounds for regulating state activity under the Commerce Clause, holding that an activity was considered commerce if it had a “substantial economic effect” on interstate commerce or if the “cumulative effect” of an act could impact such commerce. This shift in interpretation gave Congress greater leeway in regulating economic matters.
In 1995, the Supreme Court attempted to curtail Congress's broad mandate under the Commerce Clause by returning to a more conservative interpretation in United States v. Lopez. In this case, the Court rejected the government's argument that the federal Gun-Free School Zones Act fell under the Commerce Clause, as it did not directly relate to commerce or any economic enterprise. This decision marked a significant shift in the Court's approach to interpreting congressional power under the Commerce Clause.
Despite this, the Commerce Clause continues to be a powerful tool for Congress to address issues related to interstate commerce and economic regulation. It has been used to abolish the slave trade with other nations and to establish a free trade zone among the states. The interpretation and application of the Commerce Clause remain dynamic, shaping the relationship between the federal government and the states.
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The power to grant reprieves and pardons
Expressed powers, also known as enumerated powers, are specific authorities granted to the federal government by the U.S. Constitution. These powers are explicitly outlined in the document, primarily in Article I, Section 8. They serve as a cornerstone of the American political system, defining the scope of federal authority and establishing a framework for the relationship between the national government and the states. Understanding these powers is crucial for legal professionals to effectively navigate the complexities of constitutional law.
One of these expressed powers is the power to grant reprieves and pardons for offences against the United States. This power is held by the President and allows them to grant clemency, commute or postpone sentences, remit fines or restitution, delay the imposition of punishment, and provide amnesty to individuals or groups. The President may grant pardons on their own accord or in response to requests made through the Department of Justice's Office of the Pardon Attorney. Typically, applications for pardons are referred for review and non-binding recommendations by the Office of the Pardon Attorney.
The President's power to pardon is subject to certain limitations. Firstly, it does not apply to cases of impeachment. Secondly, it is limited to federal offences and offences prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Additionally, the President's pardon does not signify innocence but is rather an expression of forgiveness. It removes civil disabilities imposed due to the conviction, such as restrictions on the right to vote, hold office, or sit on a jury.
The number of pardons and reprieves granted has varied across different presidential administrations. Notable examples of presidential pardons include Gerald R. Ford's pardon of Richard M. Nixon for his involvement in the Watergate scandal, and Thomas Jefferson's amnesty for citizens convicted under the Alien and Sedition Acts.
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Frequently asked questions
Expressed powers, also known as enumerated powers, are specific authorities explicitly granted to the federal government by the U.S. Constitution.
The expressed powers are primarily listed in Article I, Section 8 of the Constitution, which outlines the legislative powers of Congress.
Examples of expressed powers include the power to coin money, regulate commerce, declare war, grant patents and copyrights, and raise an army.
Enumerating the expressed powers establishes a clear framework for federal action, delineates the boundaries of federal authority, and prevents government overreach.
By establishing a clear division of powers, the expressed powers promote federalism and ensure a balanced distribution of power between the national and state levels.
