Malcolm Rivera
The US Constitution, which superseded the Articles of Confederation in 1789, establishes the framework of the federal government, including the legislative branch, consisting of the bicameral Congress. Article I of the Constitution outlines the powers of Congress, including the authority to make laws, regulate commerce, lay and collect taxes, and raise armies. It also grants Congress the power to promote scientific progress and protect intellectual property, as well as the ability to alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives. The Constitution also establishes extradition between states and lays the groundwork for freedom of movement and travel among them.
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What You'll Learn
The power to raise and support armies
The US Constitution gives Congress the power to raise and support armies. This power is derived from Article I, which outlines the legislative powers of Congress.
The ability to raise and support armies was a direct response to the fear of standing armies, as alluded to by Joseph Story in his Commentaries on the Constitution of the United States in 1833. To address this concern, the Framers included a limitation stating that "no appropriation of money to that use shall be for a longer term than two years." This restriction aimed to prevent the misuse of funds and ensure that financial support for the army was reviewed and approved regularly.
Congress's authority to raise and support armies extends beyond simply declaring war. It includes the power to grant Letters of Marque and Reprisal, make rules concerning captures on land and water, and provide for and maintain a navy. Additionally, Congress can make all necessary laws to execute these powers, such as imposing taxes or duties on imports or exports to generate revenue for military purposes.
It is important to note that while the states do not have the authority to interfere with national policy regarding the military, they do maintain some power regarding their militias. However, the Supreme Court has ruled that the states' power over their militias is exercised in subordination to the national government's paramount power to raise and support armies.
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The ability to declare war
The U.S. Constitution gives Congress the power to declare war, as stated in Article I, Section 8, Clause 11. This power was intentionally designed to be a break from the past when European monarchs could unilaterally declare war. The framers of the Constitution wanted to prevent too much influence from being concentrated in the hands of a single person or entity. They recognized that declarations of war required careful debate among the public's representatives.
The specific wording of the Constitution grants Congress the power to "declare war," which was chosen over "make war" to give the President some implied authority to act in emergencies. This compromise aimed to balance the goals of a republic with practical security concerns. The President, as Commander-in-Chief, has the power to direct the military and defend the country after a Congressional declaration of war.
Despite the constitutional division of war powers, there have been instances where Presidents have engaged in military operations without express Congressional consent. Examples include the Korean War, the Vietnam War, Operation Desert Storm, the Afghanistan War of 2001, and the Iraq War of 2002. These conflicts were not considered official wars by the United States due to the lack of a formal declaration of war.
To address this issue, Congress passed the War Powers Resolution in 1973. This resolution affirmed Congress's role in declaring war and ensured that the collective judgment of Congress and the President would be required for introducing U.S. Armed Forces into hostilities. However, the resolution has had little effect on the military decisions of sitting Presidents.
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The right to promote progress in science and the arts
The US Constitution gives Congress the right to promote progress in science and the arts. This is achieved by securing, for limited periods, an author or inventor's exclusive right to their respective writings and discoveries. This is known as intellectual property, and it is a key way that Congress can encourage innovation and creativity in the United States.
The Constitution establishes Congress as the legislative branch of the federal government, consisting of the Senate and the House of Representatives. As such, Congress has the power to make laws and carry out various legislative functions. This includes the right to promote progress in science and the arts, which falls under Article I, Section 8 of the Constitution.
This section outlines Congress's power to secure intellectual property rights for authors and inventors. By granting limited-time monopolies over their creations, Congress can incentivize innovation and creative endeavours. This provision recognizes the importance of protecting intellectual property in fostering progress within the fields of science and the arts.
The Constitution grants Congress the authority to define the terms and conditions under which authors and inventors can retain their exclusive rights. This includes setting the duration of the exclusivity period, which may vary depending on the nature of the work and the specific circumstances. It is important to note that this right is not absolute and unlimited. The Constitution empowers Congress to make laws necessary and proper for executing its powers, including those related to intellectual property.
In addition to promoting progress in science and the arts, Congress has a range of other legislative powers and responsibilities outlined in the Constitution. These include the power to declare war, raise and support armies, regulate commerce, establish uniform rules of naturalization, and make laws necessary for executing its powers. The Constitution also grants Congress the authority to impeach and remove certain civil officers, including the President, from office.
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The authority to regulate commerce with foreign nations
The US Constitution gives Congress the authority to "regulate commerce with foreign nations, and among the several States, and with the Indian Tribes". This is known as the Commerce Clause, referring to Article 1, Section 8, Clause 3 of the Constitution.
The Commerce Clause has been interpreted and applied in various ways throughout US history. One of the earliest interpretations came in 1824, with Gibbons v. Ogden, where the Supreme Court held that the Commerce Clause allowed Congress to regulate intrastate activity, as long as it was part of a larger interstate commercial scheme. This interpretation was narrowed during the Lochner era from 1905 to 1937, when courts experimented with the idea that the clause did not empower Congress to pass laws impeding an individual's right to enter a business contract.
In 1937, the Court began to broaden its interpretation of the Commerce Clause again in NLRB v. Jones & Laughlin Steel Corp, recognising broader grounds upon which the clause could be used to regulate state activity. The Court has also held that the Commerce Clause gives Congress the power to prohibit commerce, not just regulate it.
The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, leading to significant controversy over the balance of power between the federal government and the states. Some argue that "commerce" refers simply to trade or exchange, while others claim that it describes a broader category of commercial and social intercourse between citizens of different states.
The Supreme Court has also applied the Commerce Clause to cases involving firearms, holding that Congress has the power to regulate firearms in local schools as their possession could lead to violent crime, thereby affecting economic conditions. Additionally, the Court has upheld the National Motor Vehicle Theft Act, stating that "Congress can certainly regulate interstate commerce to the extent of forbidding and punishing the use of such commerce as an agency to promote immorality, dishonesty, or the spread of any evil or harm to the people of other States".
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The responsibility to make laws
The US Constitution gives Congress the responsibility to make laws. This is outlined in Article I, which establishes Congress as the legislative branch of the federal government. Section 1 of Article I 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."
This legislative power includes the authority to make all laws necessary and proper for carrying into execution the powers vested in the Constitution. This is known as the Necessary and Proper Clause, which allows Congress to pass laws that are necessary and proper for executing its enumerated powers and the powers of the federal government.
Congress also has the power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. They can regulate commerce with foreign nations, among the states, and with Indian tribes. Additionally, Congress can establish uniform rules for naturalization and bankruptcy laws.
Congress is responsible for promoting the progress of science and useful arts by securing limited-time exclusive rights for authors and inventors to their respective writings and discoveries. They can also constitute tribunals inferior to the Supreme Court and define and punish piracies, felonies committed on the high seas, and offences against the law of nations.
Furthermore, Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. They can raise and support armies, but the appropriation of money for this purpose is limited to a term of two years. Congress may also make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives, except for the places of choosing Senators.
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Frequently asked questions
The US Constitution gives Congress the power to make laws, levy taxes, and regulate commerce. It also gives Congress the power to declare war, raise and support armies, and establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies.
The US Constitution outlines that Congress is made up of a Senate and House of Representatives. It also states that Congress shall assemble at least once a year, and that each House shall be the judge of the elections, returns, and qualifications of its members.
To be a Representative in Congress, you must be at least 25 years old, have been a citizen of the United States for the previous seven years, and be an inhabitant of the state in which you are elected.
