Malcolm Rivera
The US Constitution grants Congress its powers, which are outlined in Article I, Section 8. This article establishes a separation of powers between the legislative, executive, and judicial branches of the federal government, with each branch exercising only its own constitutional powers. While Article I grants Congress legislative powers, it also prohibits the delegation of its legislative authority to other branches, known as the nondelegation doctrine. However, the Supreme Court has ruled that Congress can delegate regulatory powers to executive agencies if it provides an intelligible principle to govern their actions. The Fourteenth Amendment, passed in 1868, grants Congress the power to enforce its provisions, but not the authority to expand or create new rights. The Constitution also outlines specific powers for the Senate and the House of Representatives, such as the Senate's sole power to try impeachments.
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What You'll Learn
Congress cannot delegate its legislative authority to other branches
Article I of the U.S. Constitution grants Congress its powers, but it may only exercise the legislative powers "herein granted". By implied extension, this prohibits Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine. This is fundamental to the idea of a limited government accountable to the people.
The nondelegation doctrine is primarily used as a way of interpreting a congressional delegation of authority narrowly. This means that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow.
However, the Supreme Court has ruled that Congress does have the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" that governs the agency's exercise of the delegated regulatory authority. In practice, Congress has been able to delegate powers to the other branches of the Federal government, as long as it provides some intelligible principles to guide the delegee's use of discretion.
In over half a century, no act of Congressional delegation has been struck down as unconstitutional. This suggests that Congress has significant leeway in delegating its powers to other branches of the government, as long as it provides some guiding principles for the use of those powers.
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Congress can't expand or create new rights
The Constitution of the United States forbids Congress from expanding or creating new rights. This limitation is based on the interpretation of Section Five of the Fourteenth Amendment, which states that Congress can only enforce rights recognised by the courts and does not have the authority to create or expand rights.
This interpretation was solidified in the City of Boerne v. Flores case in 1997, where the Court ruled that Section Five does not empower Congress to create new rights or expand the scope of existing rights. Instead, Congress is limited to enacting laws that prevent or remedy violations of rights already recognised by the Supreme Court. This means that Congress cannot use its legislative power to grant new rights or expand the interpretation of existing rights beyond what has been established by the courts.
The ruling in City of Boerne v. Flores has had significant implications for federal laws. For example, courts have declared unconstitutional laws that expanded protection for religious freedom, made state governments liable for age and disability discrimination in employment, and allowed state governments to be sued for patent infringement. These rulings reinforce the interpretation that Congress cannot create or expand rights but is limited to enforcing and remedying violations of existing rights as defined by the courts.
The interpretation of Section Five regarding the creation and expansion of rights is not universally accepted. Some argue that this interpretation unduly limits Congress's power to protect liberty and advance equality. They contend that Congress should have the authority to proactively protect and expand rights, rather than being restricted to reactive measures after rights have been violated. This debate highlights the complex nature of constitutional interpretation and the ongoing dialogue between the legislative and judicial branches of government.
In conclusion, the Constitution, as interpreted by the courts, forbids Congress from expanding or creating new rights. This limitation stems from the Fourteenth Amendment's Enforcement Clause and the interpretation of Section Five. While there are differing views on the extent of Congress's powers, the current interpretation stands as a significant check on congressional power, ensuring that the creation and expansion of rights are primarily within the domain of the courts.
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Congress can't prohibit the migration of persons prior to 1808
The First Article of the U.S. Constitution states that "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight". This clause, also known as Article 1, Section 9, was enacted to prevent Congress from banning the slave trade before 1808. It was during this year that Congress passed an act to prohibit the importation of slaves, which was then signed into law by President Thomas Jefferson.
The Migration Clause ensured that individual states could decide whether to allow the migration or importation of certain persons, without interference from Congress, until at least 1808. This was a significant limitation on the powers of Congress, as it prevented them from taking unified national action on the issue of slavery and migration until after the specified date.
The clause did, however, allow Congress to impose a tax or duty on the importation of persons, up to a maximum of ten dollars per person. This was a notable exception to the rule and allowed Congress some degree of involvement in the migration process.
The early United States saw various laws restricting the migration of certain persons, such as the Naturalization Act of 1790, which restricted naturalization to "free white persons" of "good character". The Anarchist Exclusion Act of 1903 excluded known anarchist agitators, and the Immigration Act of 1917 implemented a literacy test for immigrants. However, it was not until after 1808 that Congress gained the power to pass laws that broadly restricted immigration, such as the Chinese Exclusion Act of 1882 and the widely restrictive immigration law of 1917.
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Congress can't alter regulations regarding the places of choosing senators
The Constitution of the United States grants legislative powers to a Congress consisting of a Senate and a House of Representatives. The Constitution outlines the powers of Congress, but also places certain restrictions on its authority. One such restriction is that Congress does not have the power to alter regulations regarding the places of choosing senators.
The Elections Clause, outlined in Article I, Section 4, Clause 1 of the Constitution, grants state legislatures the authority to establish the times, places, and manner of holding elections for the House of Representatives and the Senate. This clause allows states to create a comprehensive framework for congressional elections, encompassing not only the timing and locations of elections but also related processes such as notices, registration, voting procedures, voter protection, fraud prevention, and vote counting.
While the Elections Clause empowers Congress to make or alter state regulations regarding elections, it specifically excludes the "place of choosing Senators" from Congress's purview. This restriction ensures that the physical locations where senatorial elections take place remain solely under the jurisdiction of the individual state legislatures.
The Supreme Court has interpreted the Elections Clause broadly, allowing states significant flexibility in regulating congressional elections to ensure fairness, honesty, and orderliness. However, the Court has also affirmed that the Elections Clause does not permit states or Congress to establish voting qualifications for congressional elections. These qualifications are governed by the Constitution's Qualification Clauses, which stipulate the requirements for becoming a Representative or a Senator.
The restriction on Congress's power to alter the places of choosing senators is a key aspect of the checks and balances inherent in the U.S. Constitution. By dividing authority between the federal government and state governments, the Constitution safeguards against the concentration of power and helps maintain the integrity of the electoral process.
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Congress can't try impeachments—only the Senate can
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2). This means that only the House of Representatives can charge an official of the federal government with a "Treason, Bribery, or other High Crime [s] and Misdemeanors." The House of Representatives must pass articles of impeachment by a simple majority vote for the official to be impeached.
However, the Constitution also states that the Senate has the "sole Power to try all Impeachments" (Article I, section 3). This means that the Senate is the only body that can try an impeached official, consider evidence, hear witnesses, and vote to acquit or convict. The Senate enjoys broad discretion in establishing the procedures for an impeachment trial. When the President of the United States is tried, the Chief Justice of the United States presides, and no person can be convicted without the concurrence of two-thirds of the Members present.
The Senate's role in trying impeachments is an essential component of the system of "checks and balances" in the US government. The House of Representatives initiates the impeachment process by charging an official, and the Senate then acts as a High Court of Impeachment to try the case and make a final decision.
It is important to note that impeachment proceedings can continue even after an official has resigned or left office. In such cases, the Senate has the discretion to try the former official.
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Frequently asked questions
The Constitution forbids Congress from exercising any powers beyond those that are explicitly "herein granted" within Article I and limited by the Tenth Amendment. This includes the prohibition of Congress from delegating its legislative authority to either of the other branches of government, known as the nondelegation doctrine.
The nondelegation doctrine states that Congress may only delegate regulatory powers to executive agencies if it provides an "intelligible principle" to govern the agency's actions. This ensures that the power assigned to each branch remains within that branch.
While not explicitly mentioned in the Constitution, Congress has long asserted the power to investigate and compel cooperation with investigations.
No, the Senate has the sole power to try all impeachments. When the President of the United States is tried, the Chief Justice presides, and a two-thirds majority is required for conviction.
