Simone Lawson
The U.S. Constitution establishes a federal government with defined powers, and while it grants significant authority to the federal government, it also explicitly confines that authority to the powers it lists. The Tenth Amendment to the Constitution is a key example of this, specifying that any power not granted to the federal government is delegated to state governments. This amendment has been crucial in maintaining a balance of power between the federal and state governments and has allowed states the freedom to experiment with different ideas and programs. The Constitution also outlines the powers of the three branches of the U.S. government: the legislative, executive, and judicial branches. For instance, Article I of the Constitution vests legislative powers in Congress, which includes the power to lay and collect taxes, regulate commerce, and make laws. Article II establishes the executive branch, vesting federal executive power in the President, who serves as the Commander in Chief and has the authority to enforce laws and conduct foreign affairs. The Constitution also grants certain powers to Congress and the President jointly, such as the treaty-making power.
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What You'll Learn
The power to tax
The US Constitution grants Congress the power to tax. Article I, Section 8, Clause 1 of the Constitution, known as the Taxing and Spending Clause, provides Congress with the explicit authority 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
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The power to regulate commerce
The United States Constitution grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause, known as the Commerce Clause, is contained in
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The power to declare war
The US Constitution gives Congress the power to declare war. Article I, Section 8, Clause 11 of the Constitution states that Congress has the power " [t]o declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This clause is known as the Declare War Clause.
The Framers of the Constitution gave Congress the sole power to declare war to ensure that the people's will decided when to enter a conflict. If the President had the power to declare war, they could decide unilaterally to enter a military conflict. With Congress, comprised of senators and representatives from each state, the public can more easily hold their government accountable for entering and continuing to fight a war.
The Declare War Clause gives Congress exclusive power over both declaring war formally (in an official declaration of war) and informally (by authorising hostile attacks). This means that the President cannot, on their own authority, declare war or initiate wars without Congress's approval. However, the Declare War Clause does not prevent the President from directing the military without specific congressional approval, as long as the President's actions do not initiate a war.
While the Constitution gives Congress the power to declare war, the President has the authority to conduct military operations once a war has been declared. The President determines where to deploy troops and the strategies to employ against enemy combatants. The President is also authorised to use the military and militias for the country's defence, whether the attack comes from a foreign country or rebellious states.
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The power to organise militias
The US Constitution grants Congress the power to organise, arm, and discipline militias, as well as governing any part of them employed in the service of the United States. This power is outlined in Article I, Section 8, Clause 16 of the Constitution, which states that Congress has the authority to "provide for organizing, arming, and disciplining, the Militia".
The Militia Act of 1903 defines the term "militia" as two classes: the organised militia, which includes the National Guard and Naval Militia, and the unorganised militia, or reserve militia, which is made up of able-bodied men between the ages of 17 and 45 who are not members of the National Guard or Naval Militia. The National Defense Act of 1916 brought the militia under federal control, defining the "militia of the United States" as all able-bodied male citizens and those intending to become citizens, between the ages of 18 and 45.
Some states, such as Texas, classify male citizens between 17 and 45 as belonging to the "Unorganized Reserve Militia", granting county sheriffs and the state governor the authority to call upon them to uphold the peace, repel invasions, and suppress rebellion. The system of dual enlistment allows persons enlisted in state militia units to simultaneously enlist in the National Guard of the United States, and when called to active duty, they are relieved of their status in the state militia.
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The power to charter a national bank
The Constitution of the United States grants Congress the power to charter a national bank. Article I, Section 8 of the Constitution, known as the Enumerated Powers, outlines the powers of Congress. While it does not explicitly mention the power to charter a national bank, it grants Congress the authority to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." This clause, known as the Necessary and Proper Clause, gives Congress the implied power to charter a national bank.
The creation of a national bank was a controversial issue in the early days of the United States, with some arguing that it was not explicitly authorized by the Constitution. However, the Necessary and Proper Clause provided the legal basis for the establishment of the First Bank of the United States in 1791. This bank was chartered for a term of 20 years and played a crucial role in stabilizing the country's financial system and facilitating economic growth.
The Second Bank of the United States was established in 1816, again relying on the Necessary and Proper Clause as its constitutional basis. However, the bank faced significant opposition, and its charter was allowed to expire in 1836. The debate over the role of a national bank highlighted the tensions between strict and loose interpretations of the Constitution and the balance of power between the federal government and the states.
Today, the United States has a dual banking system, with both national and state-chartered banks coexisting. The National Banking Act of 1863 formalized this system, allowing banks to choose between federal and state charters. National banks are regulated by the Office of the Comptroller of the Currency (OCC), which has the power to grant or deny charters. State-chartered banks, on the other hand, are regulated by state agencies and have their own set of regulations and benefits.
The dual chartering system has been credited for fostering innovation and responsiveness in the banking industry. It allows for a dynamic tension among regulators, resulting in a diverse range of products and services, lower regulatory costs, and more effective supervision. The system also serves as a check against the concentration of power, ensuring that decision-making is decentralized and that state and federal legislative bodies work together to enhance financial services and supervision.
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Frequently asked questions
The Constitution explicitly gives Congress the power to lay and collect taxes, duties, imposts, and excises. It also gives Congress the power to regulate commerce with foreign nations and Indian tribes, and to make laws that are necessary and proper for executing its delegated powers.
The Constitution gives the President the power to enforce laws and appoint agents to enforce them. It also grants the President the authority to receive ambassadors and public ministers, and to be the Commander in Chief. The President can also make temporary appointments during Senate recess and recommend legislative measures.
The Constitution gives state governments powers such as the "police powers" of health, education, and welfare. The Tenth Amendment specifies that any power not granted to the federal government is delegated to the states.
