Eleanor Finch
The US Constitution establishes a national government with three branches: the legislative, executive, and judicial. The legislative branch, or Congress, is responsible for making laws and holds most of the powers explicitly stated in the Constitution, particularly in Article I, Section 8. These expressed powers include the power to collect taxes, declare war, regulate commerce, coin money, and raise an army. Congress can also pass laws necessary to execute these powers, known as implied powers. The executive branch, led by the President, enforces laws and has powers such as appointing agents, conducting foreign relations, and serving as Commander-in-Chief. The judicial branch interprets the law, with the Supreme Court playing a key role in defining the scope of constitutional powers. The Constitution thus grants specific authorities to the national government while preserving states' rights and individual liberties.
| Characteristics | Values |
|---|---|
| Powers | To levy and collect taxes, declare war, raise an army, coin money, regulate trade, and maintain armed forces |
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every two years by the people of the states |
| Senate | Has the sole power to try all impeachments |
| Congress | Has the power to dispose of and make rules and regulations respecting the territory or other property belonging to the United States |
| Can admit new states into the Union | |
| Can pass laws deemed necessary to execute its expressed powers effectively | |
| Can borrow money on the credit of the United States | |
| Can regulate commerce with foreign nations and among the several states | |
| Can establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies | |
| Can provide for the punishment of counterfeiting the securities and current coin of the United States | |
| Can establish a postal service | |
| Can create lower federal courts | |
| Can make all laws which shall be necessary and proper for carrying into execution the foregoing powers |
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What You'll Learn
The power to declare war
The inclusion of this clause in the Constitution was intended to prevent the oppression of the people by a single individual, as had often been the case with kings in the past. The power to declare war is a significant check on the President's power, as it ensures that the President cannot initiate a war without Congress's approval. This was the consensus among most people, including scholars and commentators, although there was some debate about the President's ability to use military force without a formal declaration of war.
The Declare War Clause has been interpreted and applied in various ways throughout history. For example, Congress authorised President George W. Bush to use force against Iraq, while a more open-ended authorisation was granted to use force to protect US interests and allies in Southeast Asia, leading to the Vietnam War. This war, along with several others, is considered an "undeclared war" as no official declaration was made. Despite this, most agree that these authorisations are constitutional, although the level of authorisation required for the use of military force remains a subject of debate.
The interpretation of the Declare War Clause has been a contentious issue, with some arguing that it limits the President's power to initiate military action without Congressional approval, while others claim that the President has independent authority as commander-in-chief to use the military for "police actions". The War Powers Resolution, passed by Congress in 1973, requires the President to obtain either a declaration of war or a resolution authorising the use of force, clarifying the President's powers in this regard.
The Constitution: Amendments and Their Impact
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The power to collect taxes
The Taxing Clause of Article I, Section 8, is listed first for a reason. The Framers decided, and the ratifiers of the Constitution agreed, that Congress must possess the power to collect taxes to fund the government and provide for the common defence and general welfare of the United States. This power is not limited to repaying the Revolutionary War debts but is also prospective.
While the power to collect taxes is broad, it is not without limitations. The Supreme Court has held that the taxing power does not violate the Equal Protection Clause but is subject to the Due Process Clause. Additionally, Congress cannot use taxes as penalties to regulate activities that it cannot address through its other enumerated powers. The Tenth Amendment reserves the power to punish liquor dealers for violating state law to the states.
The Constitution's Ratification Requirements
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The power to regulate commerce
The Commerce Clause states that Congress has the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This provision was included in the Constitution to eliminate trade barriers and create a unified economic front. Over time, the interpretation of the Commerce Clause has expanded to cover various aspects of economic activity, as well as non-economic activity that substantially affects interstate commerce.
The reach of Congress's power under the Commerce Clause has been a point of controversy, with landmark Supreme Court cases influencing how Congress can legislate matters affecting interstate commerce. For example, in United States v. Lopez and United States v. Morrison, the Supreme Court held that gun possession laws and laws regarding sexual violence were beyond Congress's authority to regulate commerce. On the other hand, in Gonzales v. Raich, the Court confirmed Congress's authority to regulate medical marijuana.
The Commerce Clause also limits the ability of states and localities to regulate or burden the flow of interstate commerce. However, the exact dividing line between the right of states to exercise regulatory control over public health and safety and the interest of the national government in unfettered interstate commerce is often a subject of debate and has resulted in a tension between federal jurisdiction and states' rights.
Separation of Powers: Constitution's Foundation
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The power to raise an army
Throughout history, there have been conflicts between the legislative and executive branches regarding their respective powers over the military. The Constitution's framers were cautious of granting the president excessive control over the military, so they allocated war powers to Congress. These powers include the ability to declare war, raise armies, and fund armies.
The power to raise and fund 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 means that the will of the governed can influence any war effort, as Congress can reduce spending on war efforts if a war loses public support.
The Supreme Court has upheld Congress's broad constitutional power to raise and regulate armies. In United States v. O'Brien, the Court affirmed that "the power of Congress to classify and conscript manpower for military service is 'beyond question.'" The Court also held that the powers of the states with respect to their militias are subordinate to the federal government's power to raise and maintain armies.
The constitutions adopted by several states during the Revolutionary War sanctioned compulsory military service. In 1863, a compulsory draft law was adopted and put into operation without being legally challenged. However, compulsory military service has been challenged on the grounds that it deprives states of the right to a "well-regulated militia" and imposes involuntary servitude in violation of the Thirteenth Amendment. The Supreme Court has rejected these arguments, holding that compulsory service does not prohibit states from enforcing other civic duties, such as jury duty.
Understanding the Constitution's Foundation
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The power to borrow money
The US Constitution grants Congress the power to borrow money on the credit of the United States. This power is explicitly mentioned in Article I, Section 8 of the Constitution, which outlines the responsibilities and authority granted to Congress.
When borrowing money under this provision, Congress creates a binding obligation to repay the debt as agreed upon. This means that once the terms of the loan are stipulated, Congress cannot unilaterally alter them. For example, in Perry v. United States (1935), a law attempting to abrogate a clause in government bonds calling for payment in gold coin was held to contravene this clause.
Structural vs Constitutional Isomers: Understanding the Core Difference
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Frequently asked questions
Expressed powers are those explicitly listed in the Constitution and granted to the national government. They are also called delegated powers or enumerated powers.
Examples of expressed powers include the power to declare war, coin money, collect taxes, regulate interstate commerce, and raise an army.
Expressed powers are primarily found in Article I, Section 8 of the Constitution, which outlines the powers of Congress.
