Omar Bennett
The United States Constitution grants Congress a variety of powers, including legislative, military, and financial authority. Article I, Section 8 of the Constitution outlines Congress's explicit powers, including the ability to lay and collect taxes, regulate commerce, establish laws, and declare war. The 12th Amendment also grants Congress the power to choose the president or vice president if no candidate receives a majority of Electoral College votes. The Necessary and Proper Clause permits Congress to make all laws necessary to execute their powers. The Vesting Clause, on the other hand, limits Congress's power by requiring legislation to be agreed upon by the Senate and the House of Representatives.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, which consists of a Senate and a House of Representatives |
| Powers | To lay and collect taxes, duties, imposts, and excises; to borrow money on the credit of the United States; to regulate commerce with foreign nations, and among the several states, and with the Native American tribes; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies; 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, and for governing such part of them as may be employed in the service of the United States |
| Checks | Power of the purse, which is a check on the executive branch |
| Additional Powers | To choose the president or vice president if no one receives a majority of Electoral College votes; to enact legislation to enforce the rights of all citizens regardless of race, including voting rights, due process, and equal protection under the law; to extend the power of taxation to include income taxes; to enforce the right of citizens, who are 18 years of age or older, to vote regardless of sex, age, and whether they have paid taxes; to direct the manner in which the District of Columbia appoints electors |
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Declare war
The U.S. Constitution grants Congress the power to declare war. This is one of the explicit powers enumerated in Article I, Section 8, of the Constitution, which outlines the powers of Congress.
The power to declare war is a significant responsibility and serves as a check on the executive branch. While the President may initiate the process of going to war, the Constitution grants Congress the exclusive authority to make a formal declaration of war. This power dynamic between the President and Congress has been a source of debate throughout history, with critics arguing that the executive branch has, at times, usurped Congress's authority to declare war.
The power to declare war is closely tied to Congress's role in national defence and its authority to raise and support armies, as well as make rules concerning captures on land and water. This power also includes the ability to grant letters of marque and reprisal, which authorise private citizens to seize enemy ships and goods during times of war.
In addition to declaring war, Congress has the power to define and punish piracies and felonies committed on the high seas, as well as offences against the law of nations. This aspect further emphasises the role of Congress in establishing and enforcing international law.
It is important to note that the power to declare war is just one of many granted to Congress by the Constitution. Other powers include the ability to lay and collect taxes, regulate commerce, establish rules for naturalisation and bankruptcy, and more. These powers, including the power to declare war, can be further shaped by constitutional amendments, which have expanded Congress's authority in various areas, such as taxation and the protection of citizens' rights.
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Raise and maintain armed forces
The power to raise and maintain armed forces is one of the authorities granted to the US Congress by the Constitution. This power is derived from Article I, which outlines the role of Congress in the government.
Article I, Section 8 of the Constitution states that Congress shall have the power "to raise and support Armies". This power allows Congress to establish and maintain a standing army, including the National Guard and the Reserves. It is important to note that this power is limited by the clause that states "no Appropriation of Money to that Use shall be for a longer Term than two Years". This limitation was included to address the fear of standing armies and ensure that the funding for the military is regularly reviewed and approved by Congress.
Congress has the authority to organise, arm, discipline, and govern the armed forces. This includes the power to make rules and regulations for the military, such as establishing a system of military justice with its own courts, procedures, and appeals processes. Congress is also responsible for providing for the common defence of the nation, which includes funding and equipping the military.
The power to raise and maintain armed forces is often linked to Congress's power to declare war. As Joseph Story noted, "the power to raise an army is an indispensable incident to the power to declare war; and the latter would be literally [ineffective] without the former." This highlights the importance of Congress's role in authorising and supporting military action.
In addition to raising and supporting the Army, Congress also has the power to establish and support the Navy, as well as make rules concerning captures on land and water. These powers give Congress significant influence over the US military and its operations.
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Make laws
The Constitution of the United States grants Congress the power to make laws. Article I, Section 1 vests all federal legislative powers in a bicameral Congress, which consists of a Senate and a House of Representatives. This lawmaking institution forms the foundation of the federal government and allows the people's representatives to act together for the common good.
The power to make laws is further elaborated in Article I, Section 8, which enumerates specific powers granted to Congress. These include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish uniform rules of naturalization and bankruptcy laws; and to coin money. The Necessary and Proper Clause of the Constitution, also known as the Elastic Clause, grants Congress the authority to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." This clause has been broadly interpreted, expanding Congress's legislative authority over time.
The Constitution also grants Congress the power to declare war, raise and support armies, and make rules for the military. They can define and punish piracies and felonies committed on the high seas and offences against the law of nations. Additionally, Congress has the authority to call forth the militia to execute laws, suppress insurrections, and repel invasions.
While the Constitution outlines specific powers, it is important to note that Congress's legislative powers are limited to those "herein granted." This means that Congress only has authority over the subject matter specified in the Constitution, particularly in Article I. Any legislation passed by Congress must fall within the scope of these enumerated powers.
Constitutional amendments have also granted Congress additional powers over time, such as the power to enforce the rights of all citizens, regardless of race, and the power to enforce voting rights for citizens aged eighteen and older.
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Regulate commerce
The US Constitution grants Congress the power to regulate commerce, as outlined in Article 1, Section 8, Clause 3, also known as the Commerce Clause. This clause gives Congress the authority to regulate commerce with foreign nations, among the states, and with the Indian tribes. The interpretation of the Commerce Clause has played a significant role in defining the balance of power between the federal government and the states, as well as between the legislative and judicial branches of the federal government.
The word "commerce" in the Commerce Clause has been the subject of debate, with some arguing it refers simply to trade or exchange, while others contend that the Framers of the Constitution intended a broader definition encompassing commercial and social intercourse between citizens of different states. The Supreme Court's interpretation of the Commerce Clause has evolved over time. Early on, the Court primarily viewed the clause as a restriction on state power rather than a source of federal power, often ruling on cases involving state legislation.
Starting in 1937, with the NLRB v. Jones & Laughlin Steel Corp case, the Court began to recognise broader grounds for using the Commerce Clause to regulate state activity. It held that any activity with a \"substantial economic effect\" on interstate commerce or a \"cumulative effect\" on such commerce fell within the scope of the clause. This marked a shift towards a more liberal construction of the clause and the federal government's authority over economic matters.
However, in the 1995 case of United States v. Lopez, the Supreme 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 under the clause was limited to regulating the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Despite this, the Court's interpretation in Lopez did not signal a complete return to the pre-1937 era, as seen in the 2005 case of Gonzales v. Raich, where it upheld federal regulation of intrastate marijuana production due to its potential indirect effects on interstate commerce.
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Coin money
Article I, Section 8 of the US Constitution grants Congress the power to "coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures". This power is exclusive to Congress, as Article I, Section 10 prohibits individual states from coining money.
The power to coin money includes the authority to maintain that coinage as a medium of exchange within the country and to forbid its diversion to other uses, such as defacement, melting, or exportation. This power also allows Congress to regulate every phase of the currency, including chartering banks and managing the circulation of money. Congress can also impose a prohibitive tax on the circulation of notes of state banks or municipal corporations.
The US Constitution also grants Congress the power to prohibit the creation of counterfeit coins or money and to punish anyone who produces or uses counterfeit money. This power is derived from the Necessary and Proper Clause, which allows Congress to enact laws necessary for carrying out its powers.
In addition, the Supreme Court has upheld Congress's authority to abrogate clauses in pre-existing private contracts calling for payment in gold coin or allowing bondholders to elect to be paid in foreign currencies. However, the Court has ruled that such abrogation is unconstitutional when it comes to obligations of the United States, as it would render those obligations illusory.
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Frequently asked questions
One power granted to Congress by the Constitution is the ability to declare war.
Another power is the ability to raise and support armies.
Congress has the power to make all laws necessary and proper for executing the powers vested in the US government.
Congress has the power to regulate commerce with foreign nations and among the states.
Congress has the power to constitute tribunals inferior to the Supreme Court.
