Congress' Constitutional Powers: Understanding The Extent

The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I, Section 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. The enumerated powers of Congress are laid out in Section 8 of Article I, which includes 18 powers such as the power to tax and spend for the general welfare and common defence, to borrow money, and to regulate commerce with states, other nations, and Native American tribes. The Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers.

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Power to tax and spend

The US Constitution grants Congress the power to tax and spend. This power is derived from the Spending Clause, which states:

> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.

This clause gives Congress the authority to raise revenue through various means, such as taxes, duties, imposts, and excises, and to use that revenue for the benefit of the country. The Origination Clause further stipulates that all bills related to revenue-raising must originate in the House of Representatives, with the Senate able to propose amendments.

Congress's power to tax and spend is not without limitations. The Constitution requires that all duties, imposts, and excises be uniform throughout the United States. Additionally, the Army Clause limits the time a congressional appropriation to raise and support the army can remain in effect to two years.

Congress must also authorize by law the collection of government revenues and their expenditure before executive branch agencies are permitted to spend the money. While Congress can fund the government for any length of time, it typically does so annually, adhering to the spirit of the two-year limit on appropriations for the army.

The Supreme Court has played a role in interpreting Congress's power to tax and spend. In the early 20th century, the Court embraced an expansive view of this power, which continues to permeate its modern Spending Clause case law. The Court has affirmed that Congress has the authority to allocate federal funds and attach conditions to those funds, as long as certain criteria are met, including that the spending pursues the general welfare and that any conditions on the funds relate to a federal interest in a program.

Declare war

The US Constitution grants Congress the power to declare war. Article One, Section Eight of the Constitution states that "Congress shall have the power to... declare War". This is known as the Declare War Clause.

The Declare War Clause gives Congress the power to initiate hostilities and issue formal war declarations. This power is exclusive to Congress, meaning that the President cannot declare war without Congressional approval. The extent to which the Declare War Clause limits the President's ability to use military force without Congressional approval is highly contested. However, most people agree that, at a minimum, the President must have authorisation from Congress. This authorisation can come in the form of a formal declaration of war or a more informal statutory authorisation. For example, after the September 11, 2001 attacks, Congress authorised the President to use force against those responsible without a formal declaration of war.

The United States has formally declared war in five separate conflicts, issuing declarations against ten different foreign nations. Four out of the five declarations came after hostilities had already begun. The first formal declaration of war occurred on June 18, 1812, against the United Kingdom, and the most recent was against Japan during World War II.

There have been several proposals for constitutional amendments that would require a national referendum on a declaration of war, such as the Ludlow Amendment.

Confirm or reject presidential appointments

The US Constitution grants Congress the power to make laws and raise armies, among other powers. The legislative branch of the US government consists of the Senate and the House of Representatives, which together form the Congress.

The Appointments Clause of the US Constitution gives the President the power to nominate and appoint public officials, but this is subject to the advice and consent (confirmation) of the Senate. The Senate must confirm certain principal officers, including ambassadors, Cabinet secretaries, and federal judges. However, the Appointments Clause also acts as a restraint on Congress, preventing it from exercising the appointment power directly. This is to maintain the separation of powers and prevent institutional corruption.

The President has plenary power to nominate political appointees, but the Senate's role is advisory, and the President is not bound to their advice. Senators have the power to approve or reject a President's cabinet nominees. While there is a loophole that allows Presidents to bypass the Senate, Senate leaders must agree to it.

The tradition of informal consultation between the President and Congress during the nomination process has led to controversy, as appointments have been used for political gain. For example, President Andrew Jackson used his constitutional authority to appoint Roger Taney as treasury secretary during a Senate recess, as he was against the Second Bank of the United States. When Taney was up for reappointment, the Senate rejected his nomination, making him the first cabinet nominee to be rejected.

The Supreme Court has interpreted the Appointments Clause to require Senate confirmation of any appointee exercising significant executive authority.

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Impeachment powers

The United States Constitution grants the House of Representatives "sole Power of Impeachment" and the Senate "sole Power to try all Impeachments". The President, Vice President, and all civil officers of the United States are subject to impeachment. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House alone has the power to initiate impeachment proceedings, but both houses of Congress may pursue other methods to voice opposition to the conduct of government actors.

The impeachment process is a fundamental component of the system of "checks and balances". Through this process, Congress charges and then tries an official of the federal government for "treason, bribery, or other high crimes and misdemeanors". The definition of "high crimes and misdemeanors" has long been debated and is not specified in the Constitution. The practice of impeachment originated in England and was later used by many of the American colonial and state governments.

After the House of Representatives sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", act as prosecutors before the Senate. In the case of presidential impeachment trials, the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future.

Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. The House has initiated impeachment proceedings more than 60 times, but there have been only 21 impeachments. This includes three presidents, one cabinet secretary, and one senator. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges.

Authority to create laws

The US Constitution grants Congress the authority to make laws. This is outlined in Article I, which establishes the legislative branch of the US government. Article I, Section 8 of the Constitution enumerates the powers granted to Congress, including the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers". This is known as the Necessary and Proper Clause.

Congress is the lawmaking branch of the federal government, and its primary function is to make laws. The process of lawmaking in Congress involves the introduction of a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the US Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend new or amended laws to their representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of consideration and voting in both chambers of Congress, where it must be accepted by both bodies. After this, a final version of the bill is voted on by both chambers. If the bill passes this stage, it is presented to the president for approval.

The president can approve a bill and sign it into law, or they can veto it. If a bill is vetoed, Congress can, in most cases, vote to override the veto and the bill becomes law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default, which is called a pocket veto, and cannot be overridden.

Congress has the power to make laws on a wide range of topics, including taxation, commerce, naturalization and bankruptcy, intellectual property, and military affairs. It can also establish tribunals inferior to the Supreme Court and define and punish certain crimes, such as piracies and felonies committed on the high seas. The Constitution grants Congress the power to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". Additionally, Congress has the authority to raise and support armies, call forth the militia, and provide for their organisation, arming, and discipline.

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