Malcolm Rivera
The Expressed Powers of the United States government are those that are explicitly outlined in the Constitution. These powers are vested in the Congress of the United States, which consists of a Senate and a House of Representatives. Article I, Section 8 of the Constitution contains a list of enumerated powers, including the power to lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy. The Tenth Amendment, on the other hand, recognises the powers of state governments and restricts Congress to acting within the powers granted to it by the Constitution.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Powers of Congress | To lay and collect taxes, duties, imposts, and excises |
| To pay debts and borrow money | |
| To regulate commerce with foreign nations, states, and Indian tribes | |
| To establish a uniform rule of naturalization and uniform laws on bankruptcy | |
| To coin money, regulate its value, and fix the standard of weights and measures | |
| To provide for the punishment of counterfeiting | |
| To establish post offices | |
| To protect patents and copyrights | |
| To establish lower courts | |
| To declare war | |
| To raise and support an Army and Navy | |
| To make all laws necessary and proper to carry out the enumerated powers |
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What You'll Learn
Congress can lay and collect taxes
The US Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises. This power is outlined in Article I, Section 8, also known as the Taxing and Spending Clause, which authorises Congress to collect taxes to fund essential government services and provide for the common defence and general welfare of the United States.
The ability to tax is essential for any government to function, as it provides the financial resources needed to carry out its duties, such as policing, national defence, and regulating commerce. The US Constitution grants Congress this taxing power, allowing it to raise revenue independently, without relying solely on the states for funding as was the case under the Articles of Confederation.
Article I, Section 8, specifically states that Congress shall have the 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". This clause grants Congress the authority to assess, levy, and collect various forms of taxes, including direct and indirect taxes, to meet the financial obligations of the nation.
The power to lay and collect taxes is not unlimited, however. The Constitution requires that all "Duties, Imposts, and Excises shall be uniform throughout the United States". Additionally, the Sixteenth Amendment grants Congress the power to collect income taxes, and states also have the authority to impose and collect their own taxes, including income, sales, and property taxes, in accordance with their respective tax statutes.
The interpretation of the Taxing Clause has been a subject of debate, with progressive constitutionalists arguing that there are no internal constitutional limits on Congress's authority to use it. They follow Chief Justice John Marshall's suggestion in McCulloch v. Maryland (1819) that the power to tax, where it exists, "is the power to destroy". In contrast, others believe that political safeguards, such as the ability for citizens to vote out lawmakers they feel are overtaxing them, are the primary limit to Congress's taxing power.
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Regulation of commerce
Article I, Section 8 of the US Constitution outlines the powers of Congress, including the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This section, known as the Commerce Clause, gives Congress broad authority over interstate commerce and restricts states from impeding it.
The Commerce Clause has been a source of significant controversy regarding the balance of power between the federal government and the states. While it grants Congress the power to regulate commerce, it does not explicitly define the term "commerce". As a result, there has been much debate over the scope of Congress's authority under this clause. Some argue that "commerce" refers simply to trade or exchange, while others claim that it describes a broader concept of commercial and social intercourse between citizens of different states.
Throughout US history, the Supreme Court has generally interpreted the Commerce Clause broadly. In Gibbons v. Ogden (1824), the Court held that intrastate activity could be regulated under the Commerce Clause if it was part of a larger interstate commercial scheme. This interpretation was reaffirmed in Swift and Company v. United States (1905), where the Court ruled that Congress could regulate local commerce if it was part of a continuous "current" of commerce involving the interstate movement of goods and services.
However, during the Lochner era (1905-1937), the Court narrowed its interpretation of the Commerce Clause, experimenting with the idea that it did not empower Congress to pass laws impeding an individual's right to enter into business contracts. In the 1930s, the Court began to hear more cases on Congress's power to regulate commerce, and its jurisprudence evolved significantly. This shift in interpretation is known as the Constitutional Revolution of 1937, where the Court's focus changed from protecting economic rights to prioritising civil liberties.
The Commerce Clause also affects state governments through the Dormant Commerce Clause, which prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. This ensures that state policies do not favour in-state citizens or businesses at the expense of out-of-state entities conducting business within the state.
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Power to declare war
The US Constitution's Article I, Section 8, Clause 11, also known as the War Powers Clause, gives Congress the power to declare war. This clause states that "The Congress shall have Power [...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This power to declare war is an exclusive power of Congress, meaning that the President cannot declare war without Congressional approval.
The interpretation of the Declare War Clause is that it gives Congress the authority to formally and informally declare war. Formally declaring war involves an official declaration, while informal declarations involve authorizing hostile attacks. The Declare War Clause is seen as a limit on the President's power, as it requires Congressional approval for the initiation of war. However, there is debate surrounding the extent to which this clause limits the President's ability to use military force without Congressional approval. Some argue that the President has independent authority to use military force in response to attacks on the United States, as described by Madison at the 1787 Philadelphia Convention.
The War Powers Clause has been invoked by Congress on five occasions: the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. However, since the Korean War, no formal declarations of war have been made, with Presidents relying on their constitutional authority as commander-in-chief to engage in "police actions". Despite this, Congress has continued to provide various forms of authorization for the use of military force, as seen in the Vietnam War and the 2003 Iraq War.
The War Powers Resolution, passed by Congress in 1973, requires the President to obtain either a declaration of war or a resolution authorizing the use of force. This resolution was a response to the Gulf of Tonkin Incident and the subsequent authorization of military force, which some viewed as a possible abuse of power. The resolution gives Congress the power to terminate the use of force through a concurrent resolution if specific conditions are not met. However, this provision may be unconstitutional according to the Supreme Court's 1983 decision in INS v. Chadha.
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Raising and supporting an Army and Navy
Article I of the US Constitution outlines the powers of the legislative branch, which is composed of the Senate and the House of Representatives. Article I, Section 8 grants Congress the power to raise and support armies, but with a crucial limitation:
> "No Appropriation of Money to that Use shall be for a longer Term than two Years."
This limitation addresses the framers' fear of standing armies, ensuring that appropriations for the military are limited to two years. However, this limitation has been interpreted narrowly, as seen in the 1904 ruling by Solicitor-General Hoyt that the restriction applies specifically to appropriations for raising and supporting armies, not for other military expenditures.
The power to raise and support armies is further reinforced by Congress's authority to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions." Congress can also organise, arm, and discipline the militia, although the states retain the authority to appoint officers and train the militia according to Congress's prescribed discipline.
The Supreme Court has affirmed Congress's broad constitutional power in this area, upholding conscription acts and rejecting challenges based on states' rights and involuntary servitude arguments. The Court has recognised that the power to classify and conscript manpower for military service is "beyond question."
The historical context is essential to understanding this grant of power. The English King traditionally held the power to initiate war and maintain armies, but this led to abuses that infringed on the liberties of Englishmen. To prevent such abuses, the framers vested the power to raise and support armies in Congress, recognising that this authority is distinct from the states' powers over militias.
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Coining money
Article I, Section 8 of the US Constitution outlines the powers of Congress, including the power to "coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures". This section grants Congress the exclusive authority to mint money, determine their value, and regulate currency.
The Constitution explicitly prohibits states from coining money in Article I, Section 10, which states that "no State shall... coin Money". This prohibition has been interpreted by the Supreme Court to mean that only Congress has the power to coin money and regulate its value. The Court has also upheld Congress's power to abrogate clauses in private contracts that specify payment in gold coin or foreign currencies.
Congress's power to coin money is closely linked to its power to regulate commerce, both domestic and foreign, and to borrow money on the credit of the United States. This power enables Congress to establish banks, manage the circulation of money, and issue Treasury notes as legal tender. The Necessary and Proper Clause of the Constitution further empowers Congress to pass laws necessary for executing its powers, including the regulation of counterfeit currency.
The power to coin money and regulate currency is an essential aspect of the US Constitution, granting Congress exclusive authority over the nation's monetary system and ensuring a uniform standard of currency throughout the country. This power has been interpreted and upheld by the Supreme Court in various cases, including Houston v. Moore, Sturges v. Crowninshield, Ling Su Fan v. United States, and Norman v. Baltimore & Ohio R.R.
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Frequently asked questions
Expressed Powers are those explicitly outlined in the US Constitution, granting the federal government the right to regulate commerce between states, other countries, and indigenous tribes.
Examples of Expressed Powers include the power to lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy.
Enumerated, or listed, powers are outlined in Article I, Section 8 of the Constitution, which details the powers of Congress. By being specific about what Congress can do, the Constitution limits the power of Congress to act only within the powers granted to it.
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to stretch its enumerated powers to make all laws "necessary and proper" to carry out the expressed powers. This clause has been interpreted broadly, expanding Congressional power beyond the explicit Enumerated Powers.
