Jonah Patel
The United States Congress is one of the three branches of government and is ascribed significant powers by the Constitution. The Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and exercise 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. Congress's powers can be explicit, assumed, or implied. Among the explicit powers are the ability to lay and collect taxes, regulate commerce with foreign nations, and establish a uniform rule of naturalization.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Bicameralism | Represents both the people and the states |
| Powers over national defense | Exclusive power to declare war, raise and maintain armed forces, and make rules for the military |
| Power to raise armies | Raise and support armies |
| Power to regulate commerce | Regulate commerce with foreign nations, among the states, and with Indian tribes |
| Power to tax | Lay and collect taxes, duties, imposts, and excises |
| Power to promote progress in science and the arts | Secure exclusive rights for authors and inventors |
| Power to punish crimes | Define and punish piracies, felonies, and offences against the law of nations |
| Power to make laws | Make all laws necessary and proper for carrying out the powers vested in the government |
| Power to regulate naturalization and bankruptcy | Establish uniform rules of naturalization and bankruptcy laws throughout the United States |
| Power to regulate intellectual property | Promote the progress of science and useful arts by securing exclusive rights for authors and inventors |
| Power of the purse | Control spending for the general welfare |
| Power to propose constitutional amendments | Propose amendments and specify ratification by state legislatures or conventions |
| Power to choose the president or vice president | Choose the president or vice president if no one receives a majority of Electoral College votes |
| Power to enforce citizens' rights | Authority to enact legislation to enforce rights of all citizens regardless of race, including voting rights, due process, and equal protection of the laws |
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What You'll Learn
The power to propose amendments to the Constitution
The U.S. Constitution grants Congress the power to propose amendments to the Constitution. This power is established in Article V, which outlines two methods for proposing amendments. The first method requires a two-thirds vote in both the House and the Senate to propose a constitutional amendment. This procedure has been followed by Congress to propose thirty-three amendments, which were then sent to the states for potential ratification. However, at least 11,000 proposals have failed to gain the required two-thirds majority in each house, and therefore were not submitted to the states for ratification.
The second method outlined in Article V involves Congress calling a convention for proposing amendments upon the request of two-thirds of the states. This method has never been used. There is ongoing debate among scholars regarding issues related to these Article V conventions, including the question of whether Congress must call a convention upon receiving the requisite number of state applications.
Once an amendment is proposed by Congress or a convention, it must be ratified by either the legislatures of three-fourths of the states or by conventions in three-fourths of the states, depending on the mode of ratification proposed by Congress. To date, the states have ratified twenty-seven amendments proposed by Congress.
It is important to note that there are certain limitations on the power to amend the Constitution. For example, no amendment made before the year 1808 could affect the first and fourth clauses in the ninth section of the first article, and no state could be deprived of its equal suffrage in the Senate without its consent.
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The power to choose the president or vice president in certain circumstances
The U.S. Constitution outlines the powers of Congress in the event of a presidential or vice-presidential vacancy or disability. In the case of a vacancy in the office of the Vice President, the President nominates a successor, who takes office upon confirmation by a majority vote in both Houses of Congress. This process is outlined in the Twenty-Fifth Amendment, which was invoked in the 1970s to fill vice-presidential vacancies following the resignations of Vice President Spiro Agnew and President Nixon.
Additionally, the Twenty-Fifth Amendment addresses situations where the President is unable to discharge their powers and duties. The President can transmit a written declaration of their inability to the President pro tempore of the Senate and the Speaker of the House of Representatives, temporarily transferring their powers and duties to the Vice President as Acting President. If the Vice President and a majority of executive department officers disagree with the President's declaration of ability and reaffirm the President's inability to serve, Congress must assemble within 48 hours to decide the issue. If Congress determines by a two-thirds vote in both Houses that the President is unable to serve within 21 days of receiving the latter written declaration, the Vice President continues as Acting President.
In the case of the removal, death, resignation, or inability of the President, the powers and duties of the presidency devolve upon the Vice President. Congress may also provide for cases of vacancy or inability in both the President and Vice President, declaring which officer shall act as President until the disability is removed or a President is elected.
The Twelfth Amendment outlines the process for choosing the President and Vice President, stating that Electors shall meet in their respective states to vote by ballot. The person with the majority of votes for President shall be the President if such a number constitutes a majority of Electors. If no person has a majority, the House of Representatives chooses the President, with a quorum consisting of members from two-thirds of the states. If the House fails to choose a President by the fourth day of March, the Vice President becomes Acting President. The Twelfth Amendment also specifies that the person with the majority of votes for Vice President shall be the Vice President if such a number constitutes a majority of Electors. If no person has a majority, the Senate chooses the Vice President from the two highest vote-getters, with a quorum of two-thirds of Senators needed.
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The power to make laws
The United States Congress is the chief legislative body of the United States government. It is composed of the House of Representatives and the Senate, and together, they are the only part of the government that can make new laws or change existing laws. This is known as the power of the purse.
Congress has the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states. They can also establish rules for bankruptcy and naturalization. Congress can also raise and support armies, as well as provide for the calling and organizing of the militia. These powers are explicitly defined by the Constitution and are known as enumerated powers.
In addition to these enumerated powers, Congress also has implied powers that are not specifically stated in the Constitution but are assumed to exist. One of the most important implied powers is the Necessary and Proper Clause, which allows Congress to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." This clause has been broadly interpreted and has effectively widened the scope of Congress's legislative authority.
The process of creating a law begins in Congress, with a bill being introduced in either the House or the Senate. The bill then moves through various committees and debates before being voted on by both chambers. If the bill passes both chambers, it is sent to the President for consideration. The President can sign the bill into law or veto it and send it back to Congress. Congress can override a presidential veto with a two-thirds vote in both chambers.
Overall, the power to make laws is one of Congress's most important and far-reaching powers, and it is a key component of the system of checks and balances that characterizes the US government.
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The power to assemble at least once a year
The Constitution grants Congress the power to assemble at least once a year. This is outlined in Article I, which establishes the Legislative Branch, consisting of the House of Representatives and the Senate, which together form the United States Congress.
The Constitution states that Congress shall assemble at least once every year, with the meeting to take place on the first Monday in December, unless a different day is appointed by law. This assembly is crucial for conducting legislative business and addressing national concerns.
The House of Representatives, as part of Congress, plays a vital role in this process. It is composed of members chosen every second year by the people of the various states, with each state having a minimum of one representative. The specific number of representatives is based on the state's population, ensuring fair representation.
The assembly is a key platform for debating and passing legislation. Each member has the opportunity to speak, although their time is limited. Amendments to bills are usually restricted in number and kind. The Senate, on the other hand, allows unlimited debate, and senators can discuss issues beyond the bill under consideration. This can lead to the filibuster, a tactic used by senators to delay a vote by refusing to yield the floor.
The power to assemble annually is essential for Congress to execute its legislative duties, address national concerns, and represent the interests of the people of the United States.
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The power to punish counterfeiting
The Constitution of the United States grants Congress the power to punish the counterfeiting of securities and current coin. This power is outlined in Article I, Section 8, Clause 6 of the Constitution, also known as the Counterfeiting Clause.
The Supreme Court has interpreted the Counterfeiting Clause narrowly, holding that the language of the clause covers only the specific offence of counterfeiting, understood as the creation of forged coins. This interpretation excludes the separate offence of fraudulently using forged coins in transactions. This interpretation is supported by the rulings in Fox v. Ohio (1847) and United States v. Marigold (1850).
The Court has also sustained federal statutes that penalise the importation, circulation, or possession of counterfeit coins or the possession of dies used to create them. These rulings are based on the understanding that Congress's power to coin money includes the power to protect and preserve the purity of the nation's currency.
In addition, Congress has relied on its counterfeiting authority to pass statutes restricting the use of photographic depictions of currency. However, in the 1984 case of Regan v. Time, Inc., the Supreme Court held that aspects of these laws were unconstitutional on First Amendment grounds.
Some commentators have argued that the Counterfeiting Clause is unnecessary, as Congress would have the power to punish counterfeiters under the Necessary and Proper Clause. However, the Supreme Court has rebuffed attempts to interpret the Counterfeiting Clause as a limitation on the powers of Congress under the Coinage Clause or other provisions.
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Frequently asked questions
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Congress is the only part of the government that can make new laws or change existing laws.
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 powers to lay and collect taxes, duties, imposts and excises, and to regulate commerce with foreign nations.
The Necessary and Proper Clause of the Constitution permits Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States".
