Jonah Patel
The United States Constitution grants Congress its most important power: the authority to make laws. The legislative powers of the United States Congress are explicitly stated in the Constitution, with Article I Section I stating that all legislative Powers herein granted shall be vested in a Congress of the United States. The Constitution also gives Congress an important role in national defense, including the power to declare war, raise and maintain armed forces, and make rules for the military. In addition, Congress has the authority to impeach a sitting president, as well as the power to choose the president or vice president if no one receives a majority of Electoral College votes.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in the Congress of the United States, which consists of a Senate and House of Representatives |
| Impeachment Powers | The House of Representatives can bring articles of impeachment, and the Senate is responsible for the trial |
| Power of the Purse | Congress has the authority to spend for the general welfare |
| Power to Tax | Congress can lay and collect taxes, duties, imposts, and excises |
| Power to Borrow Money | Congress can borrow money on the credit of the United States |
| Power to Regulate Commerce | Congress can regulate commerce with foreign nations, states, and Native American tribes |
| Power to Establish Laws | Congress can make laws necessary and proper for carrying out its powers |
| Power to Declare War | Congress has the exclusive power to declare war |
| Power to Raise and Maintain Armed Forces | Congress can raise and maintain the armed forces |
| Power to Make Rules for the Military | Congress can establish rules and regulations for the military |
| Power to Propose Amendments | Congress can propose amendments to the Constitution |
| Power to Choose the President or Vice President | In the case of no majority in Electoral College votes, Congress can choose the President or Vice President |
| Power to Enact Legislation | Congress can enact legislation to enforce the rights of all citizens |
| Power to Coin Money | Congress has the power to coin money and regulate its value |
| Power to Establish Federal Courts | Congress can establish the federal courts and their jurisdictions |
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What You'll Learn
Power to declare war
The United States Constitution grants Congress the power to declare war, as part of its role in national defence. This is one of the explicit powers enumerated in Article I, Section 8 of the Constitution.
The power to declare war is an essential component of a government's sovereignty and supremacy. The Continental Congress, composed of delegates from the thirteen colonies, exercised the powers of war and peace before the colonies' separation from Great Britain. After the separation, the powers of external sovereignty were passed to the United States of America, not to the colonies individually.
The Constitution's Necessary and Proper Clause 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, or in any department or officer thereof." This clause has been interpreted broadly, expanding Congress's legislative authority.
While the Constitution grants Congress the power to declare war, critics argue that the executive branch has increasingly usurped this power. Historically, presidents initiated the process of going to war, but they sought and received formal war declarations from Congress for significant conflicts such as the War of 1812, the Mexican-American War, the Spanish-American War, and World Wars I and II. However, there have been instances where presidents have ordered military action without congressional approval, such as Theodore Roosevelt's intervention in Panama in 1903, Truman's "police action" in the Korean War, and the Vietnam War, which lasted over a decade without a declaration of war.
The disagreement between congressional and presidential power regarding war has been a recurring issue in the nation's history. Despite the Constitution's explicit grant of war powers to Congress, the executive branch has, at times, acted unilaterally in initiating military conflicts.
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Authority to make laws
The Constitution of the United States grants Congress the power to make laws, which is considered its most important power. This power is shared by the House of Representatives and the Senate, with a bill requiring approval from both in order to become a law.
The Constitution also grants Congress the authority to impeach a sitting president, with the House of Representatives bringing articles of impeachment and the Senate responsible for the impeachment trial. The Senate must vote with a two-thirds majority to convict.
Congress's authority to make laws is also supported by its power to spend for the general welfare, as affirmed by the Supreme Court in Helvering v. Davis. This power of the purse acts as a check on the executive branch. 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, or in any department or officer thereof." This clause has been interpreted broadly, as in the case of McCulloch v. Maryland, which recognised the federal government's authority to establish a national bank under the tax and spend clause.
Congress also has the power to lay and collect taxes, duties, imposts, and excises to fund the government and provide for the common defence and general welfare of the nation. This includes the power to borrow money and regulate commerce with foreign nations, Native American tribes, and among the states.
The Constitution grants Congress the power to make laws in a variety of areas, including the establishment of citizenship naturalisation laws, bankruptcy laws, and the power to coin money and regulate its value. Congress also has the authority to establish the federal courts and their jurisdictions, as well as the power to declare war, raise an army and navy, and make rules for the military.
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Power to tax and spend
The United States Constitution grants Congress the power to tax and spend. This power is derived from the Spending Clause, also known as the Taxation and Spending Clause, which states:
> "The Congress shall have Power 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." (U.S. Const. art. I, § 8, cl. 1)
This clause gives Congress the authority to impose and collect taxes, duties, imposts, and excises to fund the country's debts, defence, and general welfare. The Origination Clause further stipulates that all revenue-raising bills must originate in the House of Representatives, with the Senate able to propose amendments.
The power to tax and spend is one of Congress's primary checks on the executive branch. It allows Congress to fund the government and ensure that executive branch agencies can only spend money authorised by law. While Congress can fund the government for any length of time, they typically do so annually, in keeping with the Constitution's two-year limit on appropriations for the army.
There has been much debate over the interpretation of the Spending Clause, particularly the phrase "general welfare." Some argue that it is a limitation on Congress's power to tax, while others see it as an independent grant of spending power. The Supreme Court has affirmed Congress's power to spend for the general welfare, such as in Helvering v. Davis, where the Court upheld Social Security as a valid exercise of Congress's spending power.
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Oversight of the budget
The United States Constitution grants Congress certain powers, which are explicitly defined and called enumerated powers, while others are assumed to exist and are referred to as implied powers. Article I of the Constitution outlines most of the powers of Congress, with additional powers granted by other articles and Constitutional amendments.
The power of the purse is one of Congress's primary checks on the executive branch. The Necessary and Proper Clause of the Constitution, also known as the "Tax and Spend Clause," 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 States, or in any Department or Officer thereof."
This clause has been broadly interpreted, effectively widening Congress's legislative authority. For example, in McCulloch v. Maryland, the federal government's authority to establish a national bank was recognized under the Tax and Spend Clause, and it was affirmed that states had no authority to interfere. Additionally, in Helvering v. Davis, the Supreme Court affirmed Social Security as an exercise of Congress's power to spend for the general welfare.
Congress's legislative enforcement function can be an effective tool to overcome executive branch resistance. Still, it can be challenging to deploy due to competing political priorities. The Appropriations Committee, for instance, has its own policy and program priorities that influence budget and funding negotiations with the Senate and the executive branch.
Congress has several formal and informal remedies to enforce its oversight prerogatives, including appropriations leverage, legislative authorizations, and punitive oversight. For example, in May 2024, the House Oversight and Accountability Committee called for withholding funding from executive agencies it considered uncooperative, demonstrating its legislative power to enforce oversight requests.
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Impeachment powers
The United States Constitution grants Congress the power to impeach federal officials. Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives has the sole power to impeach an official by approving articles of impeachment by a simple majority vote. The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator.
The Senate holds an impeachment trial, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of a presidential impeachment trial, the Chief Justice of the United States presides. The Senate has the sole power to try all impeachments, and a two-thirds majority is required to convict. The penalty for an impeached official upon conviction is removal from office, and they may be barred from holding public office in the future. However, the conviction is not considered a punishment, and the impeached person may still be liable to criminal prosecution under a subsequent criminal proceeding.
The president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons, as this would protect them from the consequences of a conviction in an impeachment trial. However, the president may grant a pardon in any resulting federal criminal case, unless it is the president themselves who is convicted, thereby losing the pardon power.
The definition of "high Crimes and Misdemeanors," which is grounds for impeachment, has long been debated, as it was not specified in the Constitution.
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Frequently asked questions
The US Constitution grants Congress the power to make laws, levy taxes, borrow money, regulate commerce, coin money, raise an army and navy, declare war, and make rules for the military.
The "Necessary and Proper" clause, also known as the "elastic" clause, gives Congress the authority to pass laws it deems necessary and proper to carry out its enumerated functions.
The Constitution gives Congress the exclusive power to declare war, raise and maintain the armed forces, and make rules for the military.
Congress has the authority to impeach a sitting President in office. The House of Representatives brings articles of impeachment, and the Senate is responsible for the impeachment trial.
Enumerated powers are the 18 explicit powers of Congress listed in Article I, Section 8 of the Constitution. These include the power to tax and spend for the general welfare, borrow money, regulate commerce, establish citizenship and bankruptcy laws, and more.
