Isabella Carter
The U.S. Constitution's Article I, also known as the Legislative Branch, outlines the powers of Congress. It grants Congress the power to collect taxes, regulate commerce, and provide for the common defence and general welfare of the nation. However, the Anti-Federalists raised concerns during the post-Convention debates over the Constitution's ratification, fearing that Congress would become too powerful. Alexander Hamilton, a supporter of the Constitution, argued that courts could enforce limitations on Congress's powers. This debate highlights the importance of understanding the limits on Congress's power as outlined in the Constitution.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Congress's Enumerated Powers | To lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations, and among the several states; to establish uniform rules of naturalization and bankruptcy laws; to raise and support armies; to provide for and govern the militia; to define and punish piracies and felonies on the high seas; to declare war; to borrow money on the credit of the United States |
| Limits on Federal Power | The Constitution limits Congress's powers by specifying enumerated powers; courts can enforce these limitations and declare acts that exceed these powers void |
| Individual Liberties | The right to trial by jury, the privilege of the writ of habeas corpus, and limitations on bills of attainder and ex post facto laws |
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What You'll Learn
Congress's power to lay and collect taxes
The US Constitution grants Congress the power to "lay and collect taxes, duties, imposts, and excises" under Article I, Section 8, Clause 1, also known as the Taxing and Spending Clause. This clause permits the levying of taxes for two purposes: to pay off debts and to provide for the common defence and general welfare of the United States. This clause is often referred to as the Congressional spending power, as it allows the use of tax income to fund necessities such as welfare aid and military funding.
The power to tax is shared by the federal government and individual states, and it is considered essential to the effective administration of government. Congress has employed this power for purposes other than raising revenue, such as regulatory taxation to regulate commerce, and prohibitive taxation to discourage or suppress commerce.
The Origination Clause of the Constitution stipulates that all bills for raising revenue must originate in the House of Representatives. This is based on the idea that representatives, being the most numerous branch of Congress and the closest to the people, are best informed about the economic conditions of their constituents and how to generate revenue in the least burdensome way. They are also seen as the most accountable to the people and, therefore, the least likely to abuse their taxing power.
The Sixteenth Amendment, ratified in 1913, further clarified Congress's taxing power, granting them the authority to collect income taxes without apportionment among the states. This was upheld by the US Supreme Court in 1916, which ruled that income taxes were constitutional, even if unapportioned.
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Regulation of commerce with foreign nations
The US Constitution grants Congress the power to regulate commerce with foreign nations. This is known as the Foreign Commerce Clause, and it is an important source of the powers delegated to Congress. The interpretation of this clause is critical in determining the scope of federal power in controlling many aspects of American life.
The Foreign Commerce Clause emerged as a response to the absence of federal commerce power under the Articles of Confederation. Before the Constitution, state legislatures controlled their own commerce, and the federal government could not enter into credible trade agreements with foreign powers. This led to a nationwide economic downturn. The Foreign Commerce Clause was included in the Constitution to address these issues.
The Foreign Commerce Clause gives Congress the power to make and prohibit the trade, transportation, or movement of goods and people from one state to a foreign nation. This includes the power to restrict foreign access to the American market. The Supreme Court has upheld Congress's broad power to regulate commerce under the Commerce Clause, stating that it "may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution."
However, there have been differing interpretations of the Foreign Commerce Clause over time. Some argue that Congress's power to regulate interstate commerce is less than its power over foreign commerce. Others, like Chief Justice Roger Taney in 1847, have stated that the power to regulate commerce with foreign nations is "coextensive" with the power to regulate interstate commerce. The interpretation of the Foreign Commerce Clause continues to evolve, with some arguing that it has enabled federal overreach beyond the original intent of the Constitution.
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The power to declare war
The US Constitution grants Congress the power to declare war. This power is derived from Article I, Section 8, Clause 11 of the Constitution, which states that Congress has the authority to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
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Raising and supporting armies
Article I, Section 8 of the US Constitution grants Congress the power to "raise and support Armies". This power is derived from the Constitution's enumeration of Congress's powers regarding war.
The Framers of the Constitution included this power to endow the National Government, rather than the states, with the authority to raise and maintain armies. This was a departure from the English King, who had the power to initiate war and maintain standing armies. The Framers also sought to prevent the abuse of power that had historically occurred under the English monarchy, which led to the detriment of the liberties and well-being of Englishmen.
The power to raise and support armies is an essential check on the president's commander-in-chief powers. While the president has the authority to conduct military operations once a war begins, Congress controls the funding for the military. This ensures that the will of the governed plays a role in any war effort.
Congress's power to raise armies is distinct from its ability to call on state militias, and the Constitution does not limit Congress from raising armies as it sees fit. However, there is a limitation on the appropriation of money for this purpose, which states that "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 prevent the endless continuation of wars.
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Congress's role in state elections
The US Constitution's First Article outlines the role of Congress in state elections. The document empowers Congress and state legislatures to regulate the "times, places, and manner of holding elections for Senators and Representatives". This is known as the Elections Clause.
Congress has the power to make or alter regulations concerning the election process, except for the locations where Senators are chosen. This power has been used to address issues such as deadlocks in state legislatures over Senator elections, which can create vacancies. For instance, in 1866, Congress passed an act requiring the two houses of each legislature to meet in joint session until a Senator was selected. Congress has also specified a common day for the election of Representatives in all states.
Congress has also played a role in protecting the right to vote in all elections, including state elections, through legislation enacted in various years since 1957. This has included the assignment of federal registrars and poll watchers, the suspension of literacy tests, and the proscription of intimidation and reprisal.
The Elections Clause has been the subject of judicial review, with state courts retaining the authority to apply state constitutional restraints on state legislatures' actions under the Clause. However, the Court has cautioned that state court power is limited to the ordinary bounds of judicial review and that federal elections are outside their scope.
Congress has also played a role in adjudicating disputes over state electoral votes, particularly in presidential elections. For example, in 1817, the House and Senate agreed to consider an objection to counting Indiana's electoral votes because the state had only recently been admitted to the Union. In 1865, Congress adopted Joint Rule 22, which established a more formal process for handling such objections.
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Frequently asked questions
Article I, Section 1 of the US Constitution limits Congress's power by defining and limiting the powers of the Legislature.
Some examples of Congress's limited powers include the power to lay and collect taxes, duties, imposts, and excises, as well as the power to regulate commerce with foreign nations and among the states.
The courts, including the Supreme Court, can enforce the Constitution's limitations on Congress's powers by declaring legislative acts that exceed these powers to be void.
