Omar Bennett
The US Constitution created a federalist system with power divided between the national government and the states, with the national government having limited or enumerated powers. Enumerated powers are those specifically listed in Article I, Section 8 of the Constitution, which outlines the powers of Congress. These include the power to lay and collect taxes, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy. The interpretation of these powers has been a subject of debate, with some arguing for a strict construction and others for a more loose interpretation, allowing Congress to have a greater degree of flexibility in its powers.
| Characteristics | Values |
|---|---|
| Powers granted by the Constitution | To lay and collect taxes, duties, imposts, and excises |
| To pay debts and borrow money | |
| To regulate commerce with foreign nations, Indian tribes, and among the states | |
| To establish uniform rules of naturalization and uniform laws on the subject of bankruptcies | |
| To coin money | |
| To establish post offices | |
| To promote the progress of science and useful arts, by securing for limited times the exclusive rights of authors and inventors to their respective writings and discoveries | |
| To establish lower courts | |
| To declare war | |
| To raise and support an Army and Navy | |
| To provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions | |
| To provide for organizing, arming, and disciplining the Militia | |
| To dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States | |
| To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the government of the United States |
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What You'll Learn
Power to lay and collect taxes
The US Constitution created a federalist system with powers divided between the national government and the states. The Constitution grants Congress the power to "lay and collect taxes, duties, imposts and excises". This power is subject to only one exception and two qualifications. Firstly, the power to tax is limited to providing for the "common Defence and general Welfare of the United States". Secondly, all taxes must be uniform throughout the country.
The power to tax gives Congress the ability to raise vast sums of money and exert control over the nation's resources. This power has been interpreted broadly by Congress, the president, and the Supreme Court, allowing Congress to regulate almost any area it wishes. For example, the Supreme Court has ruled that Congress can prohibit a farmer from growing wheat for personal use because this affects demand, price, and sales in interstate commerce.
The power to tax also enables Congress to induce the states to enact laws that it cannot directly. For example, Congress can offer conditional grants to states to encourage them to pass laws that fall outside of Congress's enumerated powers, such as regulating the minimum age for purchasing alcohol.
The Supreme Court has emphasised the broad scope of Congress's taxing power, stating that it "reaches every subject" and "embraces every conceivable power of taxation". However, judicial decisions have occasionally curtailed the scope of this power with respect to the manner, objects, and subject matter of taxation.
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Regulate commerce
The US Constitution created a federalist system with power divided between the national government and the states. The Constitution grants Congress specific powers, known as enumerated powers, which are listed in Article I, Section 8. One of these enumerated powers is the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This is often referred to as the Commerce Clause.
The Commerce Clause has been a source of debate and controversy regarding the balance of power between the federal government and the states. The Constitution does not explicitly define "commerce", leading to differing interpretations of the scope of powers granted by the Commerce Clause. Some argue that it refers narrowly to trade or exchange, while others contend that it describes a broader concept of commercial and social intercourse between citizens of different states.
The Supreme Court has historically taken a broad interpretation of the Commerce Clause, holding that Congress can regulate activities that have a "substantial economic effect" on interstate commerce. This has allowed Congress to regulate a wide range of activities, from labour relations to local commerce, by arguing that they affect interstate commerce. For example, in NLRB v. Jones & Laughlin Steel Corp (1937), the Court held that Congress could regulate labour relations as they affect production, which in turn affects sales and interstate commerce.
However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad interpretation of the Commerce Clause by ruling that the federal government did not have the authority to regulate firearms in local schools, as this did not substantially affect interstate commerce. This decision highlighted the distinction between national and local issues and marked a more conservative interpretation of the Commerce Clause.
Despite this, Congress's power to regulate interstate commerce remains significant, and it continues to be a means for Congress to exert influence over a wide range of issues.
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Declare war
The US Constitution created a federalist system with powers divided between the national government and the states. The Constitution grants Congress specific powers, known as enumerated powers, listed under Article I, Section 8. One of these enumerated powers is the power "to declare war".
The "Declare War Clause" gives Congress the authority to initiate hostilities and is seen as a limit on the President's power to use military force without Congressional approval. The text grants Congress the exclusive power to declare war, and most people agree that this means the President cannot declare war on their own authority. However, the extent to which this clause limits the President's ability to use military force without Congress's approval is highly contested.
The interpretation of the Declare War Clause is complex due to the limited number of judicial decisions interpreting it. The Supreme Court has provided some guidance on the clause, such as in Bas v. Tingy (1800), which acknowledged Congress's broad powers over warmaking. However, modern courts have generally avoided deciding war-initiation cases based on specific rules and the ambiguous nature of the clause.
Historically, Congress's approval was considered necessary for initiating conflicts, including the War of 1812, which had a formal declaration of war, and lesser uses of force such as the Quasi-War with France in 1798 and conflicts with Native American tribes, which were approved by Congress without formal declarations. However, in modern times, Presidents have used military force without formal declarations or express consent from Congress on several occasions, such as in the Vietnam War, which was an "undeclared war".
The power to declare war is an important aspect of the US Constitution's federalist system, but the interpretation and application of this power have evolved over time, with ongoing debates about the balance of power between Congress and the President in initiating military conflicts.
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Raise and support an Army and Navy
The US Constitution divides power between the national government and the states, creating a federalist system with limited or "enumerated" powers. These enumerated powers are listed in Article I, Section 8 and include the power to "raise and support Armies" and "provide and maintain a Navy".
The power to raise and support an Army and Navy is a significant aspect of the enumerated powers granted to Congress in the US Constitution. This power enables Congress to establish, fund, and maintain military forces, including both land and naval forces. It is worth noting that the Constitution places a limitation on the appropriation of money for this purpose, stating that it "shall be for no longer than two years".
The Framers of the Constitution were aware of the potential dangers of standing armies, as seen in historical contexts like the English Declaration of Rights of 1688. As a result, they vested the power to raise and maintain armies in Congress, ensuring that it could only be done with the consent of the legislative branch. This was a deliberate decision to protect the liberties and well-being of the people.
The power to raise and support an Army and Navy has been interpreted broadly by Congress and the Supreme Court. It includes the authority to classify, conscript, and regulate manpower for military service. The Supreme Court has upheld the constitutional validity of statutes related to military service, such as the Selective Service Act, and has affirmed Congress's broad constitutional power in this area.
In addition to raising and supporting armies, Congress also has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. These powers work together to give Congress significant control over military affairs, ensuring that they can effectively provide for the common defence and general welfare of the United States.
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Grant patents and copyrights
The US Constitution created a federalist system with power divided between the national government and the states. The US thus has a national government of limited or "enumerated" powers. These enumerated powers are listed in Article I, Section 8 of the Constitution.
One of the eighteen powers listed in Article I, Section 8, is the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". This power is also known as the Intellectual Property Clause, the Copyright Clause, the Patent Clause, the Copyright and Patent Clause, or the Progress Clause.
The power to grant patents and copyrights is based on the utilitarian rationale that exclusive rights are necessary to incentivize the creation of new artistic works and technological inventions. The Framers included the IP Clause in the Constitution to facilitate a uniform, national law governing patent and copyrights. Under the Articles of Confederation, creators had to obtain copyrights and patents in multiple states under different standards, a difficult and expensive process that undermined the purpose and effectiveness of the legal regime.
The standard of patentability is a constitutional standard, and the question of the validity of a patent is a question of law. Congress may authorize the issuance of a patent for an invention by a special, as well as by general, law, provided the question as to whether the device is an invention is left open to investigation under the general law. The primary responsibility for weeding out unpatentable devices rests in the Patent Office.
Although perpetual copyrights and patents are prohibited, the Supreme Court has ruled that repeated extensions to the term of copyright do not constitute a perpetual copyright. In Eldred v. Ashcroft (2003), the Supreme Court rejected a challenge to the Sonny Bono Copyright Term Extension Act, holding that the terms provided by the Act were limited in duration and that Congress had a long history of granting retroactive extensions.
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Frequently asked questions
Enumerated powers are the specific powers granted to Congress by the United States Constitution, mostly outlined in Article I, Section 8. These powers are explicit and limited, and any powers not delegated to Congress are reserved for the states or the people.
Enumerated powers include the power to lay and collect taxes, regulate commerce, coin money, establish post offices, establish lower courts, declare war, and raise and support an Army and Navy.
Enumerated powers are significant because they limit the power of Congress and ensure that only certain specified powers are exercised by the federal government, with other powers being left to the states. However, the interpretation of these powers has been broad, and Congress has derived implied powers from them, leading to a debate between strict constructionists and loose constructionists over the extent of Congressional power.
