Congress' Constitutional Powers: Four Key Abilities

The United States Constitution grants Congress numerous powers, including legislative, impeachment, and war powers. Article I of the Constitution outlines most of Congress's powers, with Sections 2, 3, 4, and 8 providing specific authorizations. Congress consists of a Senate and House of Representatives, with the latter chosen every second year by the people of the various states. The House of Representatives has the sole power of impeachment, and Congress can declare war, raise and support armies, and make rules concerning captures on land and water. Congress also has the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and Native American tribes.

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Declare war, raise armies, and make military rules

Article I, Section 8 of the U.S. Constitution outlines Congress's powers, including the ability to declare war, raise armies, and make military rules. These powers were intentionally granted to Congress to serve as a check on the president's commander-in-chief powers and to ensure that the legislature had a say in the country's military actions.

Declaring War

The power to declare war is one of the most significant checks that Congress has over the executive branch. While the president can take military action without Congress's approval, they must notify Congress within 48 hours and receive authorization for the use of military force within 60 days, according to the War Powers Resolution. This resolution was enacted to mitigate disputes between Congress and the president regarding the initiation of military conflicts, such as during the Vietnam War.

Raising Armies

Congress also has the authority to raise armies. This power includes the ability to pass legislation related to conscription, as seen in the Selective Service Act of 1917, which expanded the military through conscription. Additionally, Congress has the responsibility to fund the military and approve the annual military budget for the Department of Defense.

Making Military Rules

Congress's role in making military rules is evident in their power to organize, arm, and discipline the militia. They can also call forth the militia to execute laws, suppress insurrections, and repel invasions. Furthermore, Congress can grant Letters of Marque and Reprisal and make rules concerning captures on land and water. These rules provide a framework for military engagements and ensure that Congress has a say in how military forces are utilized.

Collect taxes, borrow money, and regulate commerce

Power to Collect Taxes

Article I, Section 8, Clause 1 of the US Constitution provides Congress with the power to lay and collect taxes, duties, imposts, and excises. This power is subject to only one exception and two qualifications. The taxes collected are used to pay off debts and provide for the common defence and general welfare of the United States. Furthermore, all duties, imposts, and excises must be uniform throughout the country. The Supreme Court has emphasised the broad nature of this power, stating that it covers every subject and every conceivable power of taxation.

Power to Borrow Money

Congress has the power to borrow money on the credit of the United States. When it does so, it creates a binding obligation to pay the debt as stipulated, and it cannot subsequently vary the terms of its agreement. In 1870, the Court held that Congress had the authority to issue treasury notes and make them legal tender.

Power to Regulate Commerce

Article I, Section 8, Clause 3 of the Constitution, also known as the Commerce Clause, grants Congress the power to regulate commerce with foreign nations, among the states, and with the Indian tribes. The Constitution does not define "commerce", leading to debates about the extent of Congress's power under this clause. Some argue that it refers only to trade or exchange, while others contend that it describes commercial and social intercourse between citizens of different states. The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, leading to controversy regarding the balance of power between the federal government and the states.

The Supreme Court has played a significant role in interpreting the scope of the Commerce Clause. Beginning with NLRB v. Jones & Laughlin Steel Corp in 1937, the Court recognised broader grounds for Congress to regulate state activity. It held that any activity with a "'substantial economic effect' on interstate commerce or whose 'cumulative effect' could impact such commerce was subject to Congressional regulation under the Commerce Clause. This led to a period where the Court gave a broad interpretation of the clause, as seen in cases like United States v. Darby and Wickard v. Filburn.

However, in United States v. Lopez (1995), the Court attempted to curtail Congress's broad mandate under the Commerce Clause by adopting a more conservative interpretation. In this case, the Court held that Congress's power was limited to regulating the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Despite this, in cases like Gonzales v. Raich, the Court has continued to interpret the Commerce Clause liberally, particularly regarding intrastate production.

Coin money and regulate its value

Article I, Section 8 of the Constitution grants Congress the power to "coin Money, [and] regulate the Value thereof". This power has been interpreted by the Supreme Court to mean that Congress has the authority to regulate every aspect of United States currency, including its minting and valuation.

The Constitution prohibits states from coining money, and this power is exclusive to Congress. The Supreme Court has upheld Congress's power to regulate currency in several cases, including McCulloch v. Maryland (1817), where it was decided that Congress could charter banks and give them the right to issue circulating notes. Congress can also levy taxes on banknotes issued by state banks, allowing them to control the circulation of currencies not issued under its own authority.

Congress also has the power to punish anyone who produces counterfeit money, as outlined in Article I, Section 8, Clause 6, known as the counterfeiting clause. This clause has been interpreted by the Supreme Court to mean that Congress can prohibit the creation and use of counterfeit coins or money, though it does not ban the use of counterfeit money in financial transactions.

The power to coin money and regulate its value is related to several other powers of Congress, including the necessary and proper clause, which allows Congress to pass federal laws that punish the importation and use of counterfeit money.

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Create and enforce laws

Article I of the Constitution outlines the powers granted to Congress, which include the ability to create and enforce laws. This power is known as the "Necessary and Proper Clause," and it allows Congress to:

Make all laws necessary and proper for executing its powers and those of the Government

Congress can create laws to carry out its constitutional responsibilities and those of the US Government. This power is broad and allows Congress to pass laws for governing the nation.

Declare war and make rules concerning captures

Congress has the authority to declare war and make rules regarding captures on land and water. This includes granting letters of marque and reprisal.

Raise and support armies and provide for the militia

Congress can raise and maintain armed forces, but appropriations for this purpose are limited to two years. They can also call forth the militia to execute laws, suppress insurrections, and repel invasions.

Exercise exclusive legislation over certain districts

Congress can make laws for districts that become the seat of the US Government and places purchased with the state's consent for forts, magazines, arsenals, and other needful buildings.

These powers give Congress significant control over law creation and enforcement, allowing them to govern the nation effectively.

Impeach the President, federal judges, and federal officers

The US Constitution grants Congress the power to impeach federal officials, including the President, federal judges, and other federal officers. This power is outlined in Article I, which establishes the legislative branch of the US government, consisting of the Senate and the House of Representatives.

The House of Representatives holds the "sole Power of Impeachment" as stated in Article I, Section 2, Clause 5. This means that the House has the authority to initiate impeachment proceedings and charge an official of the federal government. The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents.

After the House approves articles of impeachment by a simple majority vote, the process moves to the Senate. The Senate has the "'sole Power to try all Impeachments' as outlined in Article I, Section 3. The Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds majority vote is required to convict, and the penalty for an impeached official is removal from office. The Senate may also disqualify officials from holding public office in the future.

The President, Vice President, and all civil officers of the United States are subject to impeachment for "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" has long been debated and is not explicitly defined in the Constitution.

The power of impeachment serves as a crucial check on the Executive and Judicial Branches, holding government officials accountable for violations of the law and abuses of power.

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