The Constitution: Congress's Power Source

The United States Congress is one of the three branches of government and is the chief legislative body of the United States. The US Constitution grants Congress significant powers, including the sole authority to enact legislation and declare war, the right to confirm or reject presidential appointments, and substantial investigative powers. Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed necessary and proper for the execution of the powers given to any part of the government under the Constitution. This includes the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states.

Explore related products

Constitutional Conflicts between Congress and the President

$24.99 $34.99

Congress's Constitution: Legislative Authority and the Separation of Powers

$32.95 $45

Constitutional Law: Governmental Powers and Individual Freedoms

$198.49

The Glannon Guide to Constitutional Law: Learning Constitutional Law through Multiple-Choice Questions and Analysis (Glannon Guides)

$65.57 $71.95

The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

$28.44 $29.95

Power Without Responsibility: How Congress Abuses the People Through Delegation

$25.87 $38

Congress's power to lay and collect taxes

Congress derives its power to lay and collect taxes from Article I, Section 8, Clause 1 of the US Constitution, also known as the Taxing Clause or the Taxing and Spending Clause. This clause grants Congress the authority to "lay and collect Taxes, Duties, Imposts and Excises" to fulfil several purposes. Firstly, taxes are levied to pay off debts, particularly those incurred during the Revolutionary War. Secondly, taxes are used to provide for the "common Defence", and thirdly, they are essential for the "general Welfare" of the United States.

The inclusion of the Taxing Clause in the Constitution was a response to the limitations of the Articles of Confederation, which only allowed Congress to request money from the states. The Framers of the Constitution recognised the need for a more powerful central government with the autonomous power to tax, as taxation provides the financial resources necessary for any government to function effectively. Alexander Hamilton, representing the Federalist Party, and James Madison, representing the Democratic Republican Party, were key figures in this process.

While the Taxing Clause grants Congress broad authority to levy taxes, this power is not without limitations. The Supreme Court has, at times, curtailed the scope of Congress's taxing power through judicial decisions. For example, in Bailey v. Drexel Furniture Co. (1922), the Court ruled on the manner in which taxes are imposed, while United States v. Constantine (1935) addressed the objects for which taxes may be levied. Furthermore, the Taxing Clause contains a uniformity requirement, stipulating that "all Duties, Imposts and Excises shall be uniform throughout the United States". This uniformity requirement ensures that direct taxes are levied by the rule of apportionment, while indirect taxes follow the rule of uniformity.

Despite these limitations, Congress has exercised its taxing power in ways that go beyond simply raising revenue. Regulatory taxation, prohibitive taxation, and obligation taxation are examples of how Congress has employed taxes to influence commerce and achieve policy goals. The Patient Protection and Affordable Care Act, for instance, utilised obligation taxation by imposing a tax on individuals without health insurance.

Congress's power to regulate commerce

The US Constitution is the source of Congress's powers. 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 states, and with the Indian tribes".

The Commerce Clause has been interpreted broadly by Congress, which has used it to justify exercising legislative power over the activities of states and their citizens. This has led to significant and ongoing controversy regarding the balance of power between the federal government and the states. The Supreme Court's early interpretations of the Commerce Clause focused on the meaning of "commerce" while paying less attention to the meaning of "regulate". Some scholars argue that the word "commerce" was intended by the Founding Fathers to refer simply to "trade" or "exchange", while others claim that it was meant to describe commercial and social intercourse between citizens of different states more broadly.

The interpretation of the Commerce Clause has evolved significantly over time, with the Supreme Court increasingly hearing cases on Congress's power to regulate commerce during the 1930s. In 1937, the Court began to recognise broader grounds upon which the Commerce Clause could be used to regulate state activity, holding that an activity was considered commerce if it had a "substantial economic effect" on interstate commerce or if the "cumulative effect" of one act could impact such commerce. This led to an era of expanded congressional use of the Commerce Clause to authorise federal control of economic matters.

However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by adopting a more conservative interpretation. In this case, the defendant argued that the federal government did not have the authority to regulate firearms in local schools. The Court agreed, holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.

Despite this, the Commerce Clause continues to be a source of debate and has direct implications for the lives of American citizens. It provides comprehensive powers to the United States over navigable waters and is critical to understanding the rights of landowners adjoining or exercising riparian rights under common law.

Congress's power to declare war

The US Constitution's Article I, Section 8, Clause 11, also known as the War Powers Clause, grants Congress the power to declare war. This clause states that "The Congress shall have Power ... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This power to declare war gives Congress the authority to initiate hostilities and is seen as a check on the President's ability to use military force without congressional approval.

The War Powers Clause was included in the Constitution to prevent the oppression that could result from a single person, such as a king, having the power to bring the country into war. The framers of the Constitution aimed to improve the country's ability to ensure peace and security through military protection. The clause also empowers Congress to issue letters of marque and reprisal, which allow private citizens to capture or destroy enemy property, and to make rules regarding captures of enemy property.

While Congress has the power to declare war, the President, as Commander-in-Chief, has the power to direct the military after a congressional declaration of war. This division of war powers requires cooperation between the President and Congress, with Congress funding or declaring the operation and the President directing it. However, there have been instances where Presidents have engaged in military operations without express congressional consent, such as the Korean War, the Vietnam War, and the Iraq War. These conflicts are, therefore, not considered official wars by the United States.

The War Powers Resolution, passed in 1973, seeks to balance these powers by requiring the President to obtain congressional authorization for the use of military force within 60 days of initiating hostilities. The resolution also mandates that the President notify Congress within 48 hours of committing armed forces to military action. While the War Powers Resolution has been controversial, with some arguing it is unconstitutional, it highlights the ongoing efforts to define and structure the war powers of Congress and the President.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$108.14 $150

The Unitary Executive Theory: A Danger to Constitutional Government

$29.99 $29.99

To Chain The Dog of War

$24

The Constitution in Congress: The Jeffersonians, 1801-1829 (Volume 2)

$77

Trajectory of Power: The Rise of the Strongman Presidency

$35 $35

Constitutionalism and the Separation of Powers

$9.99 $14.5

Congress's power to propose amendments

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress has the power to propose amendments to the Constitution, but it is not the only body with this power. The Constitution provides two methods for proposing amendments: the congressional proposal method and the convention method.

The congressional proposal method involves a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all 27 amendments to the Constitution. Once an amendment is proposed by Congress, it is sent to the states for potential ratification. The states must then decide whether to ratify the amendment, and three-quarters of the states must approve for the amendment to become part of the Constitution.

The convention method has never been used. This method involves Congress calling a convention for proposing amendments upon the request or application of two-thirds of the states. There is a fear of a "runaway convention" in which the convention proposes amendments that are not in line with the original intent of the amendment process.

At least 11,000 proposals to amend the Constitution have been introduced in Congress, but only 33 have been approved by the two-thirds majority in each house required for submission to the states for ratification. The process of proposing and ratifying amendments to the Constitution is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).

Congress's power to make laws

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative powers are vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress.

Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. These include the power to lay and collect taxes, duties, imposts, and excises, and to regulate commerce with foreign nations and among the several states. Congress also has the power to declare war, raise and maintain armed forces, and make rules for the military.

The legislative process begins with the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. The bill is then referred to the appropriate committees and subcommittees for review and can undergo drastic changes. If the bill passes both houses of Congress, it is sent to the President for consideration. The President may sign the bill into law or veto it, but Congress can override a veto with a two-thirds vote in both the Senate and the House of Representatives.

Frequently asked questions