Jonah Patel
The United States Congress is one of the three branches of the federal government and is responsible for making laws. Congress has a wide range of powers and responsibilities, including the power to raise and support armies, declare war, and regulate commerce with foreign nations. In this article, we will explore the constitutional authority granted to Congress and discuss the specific powers and limitations outlined in the United States Constitution. We will also examine the role of Congress in the legislative process and its impact on the country's political landscape, including their responsibilities during sessions and their authority to judge elections and qualifications of members.
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What You'll Learn
- Congress can raise and support armies, but not for longer than two years
- Congress can declare war, grant letters of marque and reprisal
- Congress can regulate commerce with foreign nations, and among states
- Congress can coin money, regulate its value, and fix the standard of weights and measures
- Congress can promote the progress of science and the useful arts
Congress can raise and support armies, but not for longer than two years
Congress is granted a wide range of powers by the US Constitution. These include the power to lay and collect taxes, regulate commerce, establish laws on bankruptcy, coin money, and provide for the punishment of counterfeiting.
One specific power granted to Congress is the authority to "raise and support Armies". This power is derived from Article I, Section 8 of the Constitution, which states that Congress has the power:
> "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years".
This clause grants Congress the authority to establish and maintain an army, but with a specific time limitation on the appropriation of funds for this purpose. The limitation of two years was included to address concerns about the potential dangers of standing armies, as alluded to by Justice Joseph Story.
The two-year limitation has been interpreted and applied in practice. For example, in 1904, Solicitor-General Hoyt ruled that a government contract to pay royalties for the use of a patent in constructing military equipment for a period exceeding two years did not violate the constitutional limitation. Hoyt interpreted the limitation as applying specifically to appropriations for the "raise and support" of armies, rather than appropriations for other military means or common defence. This interpretation was reaffirmed by Attorney General Clark in 1948.
Congress's authority to raise and support armies also extends to the organisation, arming, and disciplining of the militia, as outlined in Article I, Section 8. However, the appointment of officers and the authority to train the militia are generally reserved for the states.
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Congress can declare war, grant letters of marque and reprisal
Congress has several constitutionally-granted powers, including the ability to declare war and grant letters of marque and reprisal. These powers are significant and impact the country's military and foreign affairs.
Firstly, Congress has the authority to declare war. This power serves as a crucial check on the President's authority, ensuring that the President cannot unilaterally initiate hostilities without congressional approval. While the scope of the Declare War Clause is contested, it generally requires congressional authorization for the use of military force, whether through a formal declaration or informal statutory authorization. This dynamic played out after the September 11, 2001, terrorist attacks, when Congress authorized the President to use force against those responsible and their supporters.
The power to declare war is not just a modern concept, as early cases like Bas v. Tingy (1800) acknowledged Congress's broad powers over war-making. The Framers of the Constitution, including Hamilton, intended for Congress to play a key role in deciding on matters of war. This is further evidenced by the inclusion of the Marque and Reprisal Clause, which is closely related to the power to declare war.
Letters of marque and reprisal have a long history, dating back to the 13th and 14th centuries in England, when sovereigns granted licenses to individuals or privateers to seize enemy vessels or exact retribution. During the Middle Ages, this practice was common, with sovereigns tacitly or explicitly approving private armed vessels to raid enemy shipping. The American Revolutionary War also witnessed extensive privateering, with the Second Continental Congress granting letters of marque and establishing conditions for their use.
In modern times, the issue of letters of marque and reprisal has been raised in Congress after the September 11 attacks and during the 2022 Russian invasion of Ukraine. While the United States has not issued any letters of marque since the American Civil War due to its adherence to the 1856 Paris Declaration, the concept remains a part of congressional powers listed in Article I, Section 8 of the Constitution.
In conclusion, Congress's constitutional authority to declare war and grant letters of marque and reprisal are interconnected powers that shape the nation's military and foreign affairs. While the interpretation and application of these powers have evolved over time, they continue to play a significant role in the United States' approach to warfare and international relations.
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Congress can regulate commerce with foreign nations, and among states
Congress has the constitutional authority to regulate commerce with foreign nations and among the states, according to the Commerce Clause in Article I, Section 8 of the US Constitution. This clause grants Congress broad powers to oversee interstate commerce and restrict states from impeding it.
The Commerce Clause emerged as a response to the absence of federal commerce power under the Articles of Confederation. Its primary use for the first century was to prevent discriminatory state legislation that had once been permissible. The Supreme Court's early interpretations of the clause focused on defining commerce rather than regulation.
The clause empowers Congress to address issues that individual states cannot effectively handle on their own. For example, it enables the creation of a free trade zone among the states and allows the president to negotiate treaties to open foreign markets to American-made goods. The federal government can also regulate commerce on navigable waters, which are considered public property.
The Commerce Clause has been invoked to abolish the slave trade with other nations, effective January 1, 1808, the earliest date permitted by the Constitution. Additionally, it has been used to uphold federal laws such as the Fair Labor Standards Act and price regulations for intrastate milk commerce.
While the Commerce Clause grants Congress significant authority over interstate commerce, it is essential to enforce the limits on Congressional power as intended by the Framers. The original meaning of the clause focused on the trade, transportation, or movement of persons and goods rather than the regulation of economic activities that produce traded goods.
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Congress can coin money, regulate its value, and fix the standard of weights and measures
The US Constitution grants Congress the authority to coin money, regulate its value, and fix the standard of weights and measures. This power is outlined in Article I, Section 8, Clause 5, also known as the coinage clause.
The inclusion of this clause in the Constitution was not a straightforward process. The first draft of the Constitution authorised Congress to "emit bills of credit", meaning they could print debt money or currency that could be redeemed with gold or silver. However, after extensive discussions, the founders decided against this, fearing it was too risky to give Congress the power to print any money, even if it was redeemable in gold or silver.
The Supreme Court has interpreted this clause as giving Congress exclusive and sole authority over every aspect of US currency. This includes the power to mint money, determine its value, and maintain it as a medium of exchange. Congress can also regulate foreign currency, as seen in the case of Guaranty Trust Co. of N.Y. v. Henwood (1939). Additionally, Congress can establish banks and manage the circulation of money. For example, they can charter banks and give them the right to issue circulating notes, as affirmed in the McCulloch v. Maryland case (1817).
Congress also has the power to regulate and punish counterfeiting. This includes the authority to prohibit the creation and use of counterfeit coins or money, as well as the power to levy taxes on banknotes issued by state banks.
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Congress can promote the progress of science and the useful arts
Congress has a wide range of powers and duties as outlined in Article I, Section 8 of the US Constitution. One of its key responsibilities is "to promote the Progress of Science and useful Arts". This clause, also known as the Intellectual Property Clause, grants Congress the power to secure for authors and inventors the exclusive right to their respective writings and discoveries for a limited time.
The Intellectual Property Clause serves as both a grant of power and a limitation for Congress. It empowers Congress to provide legal protection to creators, ensuring they have exclusive rights to their work for a limited period. This prevents competitors from freely copying their creations, allowing original creators to recoup their investments in time, effort, and cost. This incentive encourages artistic creativity and innovation, ultimately benefiting the public good.
The clause also acts as a limitation by restricting the duration of these exclusive rights, ensuring they are only granted for a limited time. This limitation was highlighted in the case of Eldred v. Ashcroft in 2003, where it was affirmed that Congress cannot provide perpetual copyright or patent terms. This balance between incentivising creativity and ensuring limited monopolies reflects an economic philosophy that encourages individual effort for the advancement of public welfare.
By securing these exclusive rights, Congress plays a crucial role in promoting scientific progress and the development of useful arts. This was emphasised in Brenner v. Manson (1966), where the Court recognised the "quid pro quo" contemplated by the Constitution, granting patent monopolies in exchange for the public benefit derived from inventions with substantial utility. Similarly, in Graham v. John Deere Co. of Kansas City (1966), the Court affirmed that innovation and advancement are inherent requisites of a patent system, which must promote the progress of useful arts.
In summary, Congress's power to promote the progress of science and useful arts is exercised through its ability to grant exclusive rights to authors and inventors for limited periods. This incentivises creativity and innovation while also ensuring that the public benefits from these advancements, reflecting a careful balance between individual rights and public welfare.
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Frequently asked questions
Congress has the power to raise and support armies, but no appropriation of money for this purpose can be longer than two years.
Congress has the authority to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Congress has the power to regulate commerce with foreign nations, among the states, and with Indian tribes.
Congress has the power to coin money, regulate its value, and fix the standard of weights and measures.
