Simone Lawson
The United States Constitution outlines the powers of the three branches of the federal government: the legislative, executive, and judicial branches. One of the expressed powers of the legislative branch, also known as Congress, is the ability to lay and collect taxes, duties, imposts, and excises. This power is outlined in Article I, Section 8 of the Constitution, which contains a list of enumerated powers granted to Congress. These powers are specifically listed to limit the authority of Congress and include the ability to regulate commerce, coin money, establish post offices, protect intellectual property, and declare war, among others. The Constitution also grants certain powers to the executive branch, led by the President, such as the ability to approve or veto bills passed by Congress, serve as Commander-in-Chief of the military, and make treaties with the advice and consent of Congress.
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What You'll Learn
Congressional powers are specifically listed
The US Constitution limits the power of Congress by specifically listing its powers. These enumerated powers are contained in Article I, Section 8. They include the power to:
- Lay and collect taxes, pay debts, borrow money, and raise and support an Army and Navy
- Regulate commerce, including with foreign nations and among the states
- Coin money
- Establish post offices
- Protect patents and copyrights
- Establish lower courts
- Declare war
- Make rules concerning captures on land and water
- Establish uniform rules of naturalization and uniform laws on the subject of bankruptcies
- Provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions
- Make all laws that are 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
This last power, known as the Elastic Clause, has allowed Congress to expand its enumerated powers. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause, Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.
In addition to these enumerated powers, Congress has implied powers that are not specifically stated in the Constitution but may be inferred from the Necessary and Proper Clause. The Constitution also outlines the powers of each House of Congress, including the power to judge the elections, returns, and qualifications of its members, determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with the concurrence of two-thirds.
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The President has the power to veto Congress
The President of the United States has the power to veto Congress. This means that they can prevent a bill passed by Congress from becoming law. The veto power is defined in Article 1, Section 7 of the US Constitution.
If the President does not approve of a bill, they may return it unsigned within ten days (excluding Sundays) to the House of Congress in which it originated. They are constitutionally required to state their objections to the bill in writing, and Congress must consider them. If Congress is still in session and the President does not veto or sign a bill within ten days, it becomes law.
However, Congress can override the veto by a two-thirds vote of both chambers, in which case the bill becomes law without the President's signature. This is a check on the President's power to veto Congress. Historically, Congress has overridden about 7% of presidential vetoes.
In addition to this regular veto, the President can also issue a pocket veto. This occurs when Congress adjourns before the ten-day period for the President to act on a bill has passed, and the President does not return the bill to Congress but simply does not act. In this case, the bill does not become law, and it cannot be overridden by Congress.
The veto power is not unique to the President, as all state and territorial governors have a similar power, as do some mayors and county executives.
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Congress can raise and support an Army and Navy
The US Constitution grants Congress the power to raise and support an Army and Navy. This is outlined in Article I, Section 8, which enumerates Congress's powers. This power to raise and support armed forces is an essential check on the president's commander-in-chief powers.
The Constitution divides war powers between Congress and the Executive, requiring a supermajority for legislative action that goes against the wishes of the president and vice versa. This division of powers prevents unilateral executive action and ensures that the decision to go to war requires the masses' approval.
Congress's power to raise and support an Army and Navy includes the ability to:
- Declare war
- Make rules and regulations for the military
- Purchase land for military bases
- Provide for the common defence
- Define and punish piracies and felonies committed on the high seas
- Grant letters of marque and reprisal
- Make rules concerning captures on land and water
- Organise, arm, and discipline the militia
Congress also has the responsibility to fund the armed forces. It approves a military budget for the Department of Defence every year. This funding power is a significant check on the president's war powers, as it ensures that the will of the governed plays a role in any war effort. For example, during the Vietnam War, Congress's refusal to fund the war effort led to the United States' withdrawal from the conflict.
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The Constitution recognises state government powers
The US Constitution recognises state government powers through the Tenth Amendment, which states:
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
This amendment was ratified by the states in 1791 as part of the Bill of Rights. It grants state governments all powers not specifically delegated to the federal government by the Constitution. The Constitution established a federal government with defined powers, and the Tenth Amendment explicitly confines that authority to the powers it lists.
The Tenth Amendment reinforces the idea that every power not granted to the federal government is delegated to state governments. In other words, if the Constitution grants a specific power to the federal government, it is its power alone, and every unenumerated power is a power reserved by the states. This is in contrast to the Articles of Confederation, which limited Congress to those powers "expressly" listed, with no implied powers.
The Tenth Amendment acts as a rule for interpreting the Constitution, implying that the powers the Constitution grants to the federal government are exhaustive. It helps to maintain a balance of power between the federal government and state governments, allowing states the freedom to try out different ideas and programs.
The Ninth and Tenth Amendments are unique because they do not explicitly grant constitutional rights. Instead, they clarify that the Bill of Rights does not enumerate all possible rights of the people, but it does enumerate all the federal government's powers. For example, the Constitution enumerates Congress's powers in Article I, Section 8, which includes the power to lay and collect taxes, pay debts, borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy.
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Congress can declare war
The US Constitution grants Congress the power to declare war. This power is known as the Declare War Clause and is outlined in Article I, Section 8 of the Constitution. This section of the Constitution also enumerates other powers of Congress, including the power to raise and support an Army and Navy, and to regulate commerce.
The Declare War Clause states that Congress has the authority to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This clause is interpreted as giving Congress the power to initiate war and to take other related actions, such as granting letters of marque and reprisal, which allow private citizens to seize enemy ships and goods.
The interpretation of the Declare War Clause has been a subject of debate and has evolved over time. Some scholars argue that the President may use military force if specifically authorized by Congress, either through a formal declaration of war or through informal statutory authorization. For example, after the September 11, 2001 attacks, Congress authorized the President to use force against those responsible, without a formal declaration of war.
On the other hand, some argue that the President can take certain military actions without congressional approval, such as deploying troops as peacekeepers or engaging in low-level hostilities. There have been relatively few judicial decisions interpreting the Declare War Clause, and modern courts have generally avoided deciding war-initiation cases on their merits.
The framers of the Constitution intended the Declare War Clause to be a check on the President's power, as Hamilton wrote in 1793 that "the legislature alone" can "place the nation in a state of war". However, the President is generally the nation's voice in foreign affairs, which has led to some ambiguity in the interpretation of the clause.
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Frequently asked questions
One of the expressed powers of the US Constitution is the power to lay and collect taxes, duties, imposts, and excises, as outlined in Article I, Section 8.
Other expressed powers granted by the US Constitution include:
- The power to regulate commerce with foreign nations and among the states
- The power to establish post offices
- The power to declare war
- The power to raise and support an army and navy
- The power to establish lower courts
- The power to coin money
The enumerated powers, listed in Article I, Section 8, serve as a specific list of congressional responsibilities, thereby limiting the power of Congress by outlining what it can and cannot do.
