Key Congressional Roles As Per The Constitution

The Constitution of the United States assigns several basic roles to Congress, which is the legislative branch of the US government. Congress consists of a Senate and a House of Representatives, with the latter being composed of members chosen every second year by the people of the various states. Congress has the power to make laws, levy taxes, regulate commerce, coin money, and provide for the punishment of counterfeiting. It also has the authority to declare war, raise and support armies, and organize and discipline the militia. Additionally, Congress plays a role in the election process, including determining the time of choosing electors and the day of voting.

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Congress can declare war

The U.S. Constitution's first article grants Congress the power to declare war. This is known as the Declare War Clause. The text states that Congress has the power "to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".

The Declare War Clause has been interpreted in different ways. Some argue that it gives Congress broad powers over war-making, while others take a narrower view, interpreting it as only giving Congress the power to communicate about war. The Supreme Court has also provided some interpretation of the Declare War Clause, such as in the Prize Cases in 1863, where the Court upheld President Lincoln's blockade of the southern states as a defensive measure following their attack on Fort Sumter. However, the Court did not specify whether the authority for the blockade came from Article II, specific statutes passed by Congress, or a combination of both.

The Declare War Clause has been a subject of debate, especially regarding the President's authority to use military force without formal congressional approval. While most scholars agree that the President may use military force if specifically authorized by Congress, there are exceptions and nuances to this rule. For example, President Obama argued that U.S. participation in the 2011 bombing campaign in Libya did not require congressional authorization as it did not rise to the level of war in the constitutional sense. This position, however, is disputed by some commentators.

The Declare War Clause also raises questions about the President's role as the nation's voice in foreign affairs. Hamilton, in his first Pacificus essay (1793), wrote that "the legislature alone" can "place the nation in a state of war," suggesting that the Declare War Clause was intended as a check on the President's power.

In summary, the U.S. Constitution grants Congress the explicit power to declare war, and this has been a subject of interpretation and debate, particularly regarding the President's authority to use military force and the role of Congress in foreign affairs.

Congress can raise and support armies

Congress, as described in Article I of the U.S. Constitution, is responsible for raising and supporting armies. This includes several key aspects:

Legislative Power

Congress holds all legislative powers granted by the Constitution, including the authority to raise and support armies. This power is vested in the Senate and the House of Representatives, which together form Congress.

Funding and Appropriations

Congress has the power to appropriate funds for the military. However, the Constitution stipulates that "no Appropriation of Money to that Use shall be for a longer Term than two Years." This ensures that military funding is regularly reviewed and approved by Congress.

Declaring War

The Constitution grants Congress the power to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." This is a crucial aspect of their role in raising and supporting armies, as it provides the legal basis for military action.

Organising the Militia

Congress is responsible for organising, arming, and disciplining the militia, which serves as a vital component of the country's defence forces. They also have the power to call forth the militia to execute laws, suppress insurrections, and repel invasions.

Checks and Balances

Congress operates within a system of checks and balances, where each House has certain powers to regulate its proceedings, punish members for disorderly behaviour, and expel members with a two-thirds concurrence. This ensures that the process of raising and supporting armies is subject to democratic principles and accountability.

Congress can assemble at least once a year

The United States Constitution, in Article I, assigns Congress the basic role of assembling at least once a year. This provision ensures that Congress convenes regularly and performs its legislative duties. The annual assembly of Congress is a fundamental aspect of the legislative process and facilitates the discussion and enactment of laws.

The first Monday in December is the default date for this assembly, as stated in the Constitution. However, Congress has the authority to choose a different date if necessary. This flexibility allows Congress to work around potential scheduling conflicts and ensure the attendance of its members.

The purpose of this annual assembly is to conduct official business, including legislative debates, voting on bills, and overseeing the government. By mandating a minimum of one meeting per year, the Constitution guarantees that Congress actively engages in law-making and oversight responsibilities.

During the assembly, each house of Congress—the Senate and the House of Representatives—independently manages its proceedings. This includes judging the qualifications of its members, determining the rules of debate, and maintaining a journal of its activities. The assembly also provides an opportunity for Congress to address pressing national issues, propose and vote on legislation, and hold the executive branch accountable.

The constitutional requirement for Congress to assemble at least once a year is a foundational aspect of American democracy. It ensures that the legislative branch of the government remains active and responsive to the needs of the nation. This provision also underscores the importance of regular legislative sessions in maintaining a functioning and effective government.

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Congress can make all laws

Article I of the U.S. Constitution outlines the basic roles assigned to Congress. It describes the design of the legislative branch of the U.S. government, including the separation of powers between branches, the election of Senators and Representatives, the law-making process, and the powers that Congress holds.

Congress has the power to make all laws necessary and proper for executing the powers vested by the Constitution in the government of the United States, or in any department or officer thereof. This is often referred to as the "Necessary and Proper Clause" or the "Elastic Clause," as it provides Congress with the flexibility to adapt legislation to changing circumstances.

This clause grants Congress the authority to enact laws that are deemed necessary and proper for carrying out its enumerated powers and any other powers granted by the Constitution. For example, Congress has the power to:

• Lay and collect taxes, duties, imposts, and excises to fund the government and provide for the common defence and general welfare of the country.
• Regulate commerce with foreign nations, among the states, and with Indian tribes.
• Establish uniform rules for naturalization and bankruptcy laws.
• Coin money, regulate its value, and punish counterfeiting.
• Promote scientific and artistic progress by granting temporary monopolies to authors and inventors for their creations.
• Define and punish piracies, felonies committed on the high seas, and offences against the law of nations.
• Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
• Raise and support armies, although appropriations for this purpose cannot exceed two years.
• Provide for calling forth the militia to execute laws, suppress insurrections, and repel invasions.
• Exercise exclusive legislation over a district not exceeding ten miles square (typically, this refers to the District of Columbia).

These examples demonstrate the broad scope of Congress's law-making authority under the Necessary and Proper Clause, allowing it to adapt and respond to the needs of the nation.

Congress can regulate commerce

The US Constitution assigns Congress the role of regulating commerce. This is known as the Commerce Clause, and it gives Congress the power to make and enforce laws that govern trade, commerce, and economic activity.

The Commerce Clause states that Congress has the power " [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This means that Congress can create laws that govern trade between the US and other countries, between the individual states, and with Native American tribes.

The interpretation of the Commerce Clause has been disputed, with some arguing for a broader interpretation that includes the power to regulate economic activities like manufacturing and agriculture, while others advocate for a narrower interpretation that focuses on the trade, transportation, and movement of goods and people. The Supreme Court has ruled that Congress can regulate commerce "to its utmost extent, and [it] acknowledges no limitations other than are prescribed in the Constitution". This means that Congress has significant leeway in regulating commerce as long as it does not violate other constitutional provisions.

The Commerce Clause has been used by Congress to address issues such as unfair railroad rates, which resulted in the creation of the Interstate Commerce Act in 1887. This Act limited railroads to charging "reasonable and just" rates, forbade rebates to high-volume users, and made it illegal to charge higher rates for shorter hauls. The Act also created the Interstate Commerce Commission, the first federal independent regulatory commission, which served as a model for other regulatory bodies.

In recent years, the Rehnquist Court has placed stricter limits on congressional power under the Commerce Clause, most notably in the 1995 case of United States v. Lopez, where the Court struck down the Gun-Free School Zones Act of 1990. The Court found that the Act was not related to "commerce" or any sort of economic enterprise and did not fall under the purview of the Commerce Clause. This decision marked a shift towards federalism, aiming to strengthen the powers of individual states.

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