Eleanor Finch
The US Constitution delegates all legislative powers to Congress, which consists of a Senate and a House of Representatives. This includes the power to make all laws necessary for executing the powers vested in the US government. Congress has the authority to raise and support armies, regulate commerce with foreign nations and among the states, and establish a uniform rule of naturalization. Additionally, Congress can promote the progress of science and the useful arts by securing intellectual property rights for authors and inventors. It also holds the power to declare war, define and punish piracies and felonies on the high seas, and provide for organizing and disciplining the militia.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Powers related to taxation | Lay and collect taxes, duties, imposts, and excises |
| Powers related to commerce | Regulate commerce with foreign nations, among the states, and with Indian tribes |
| Powers related to intellectual property | Promote the progress of science and useful arts, secure exclusive rights for authors and inventors |
| Powers related to national security | Declare war, raise and support armies, provide for calling forth the militia, establish rules for captures on land and water |
| Powers related to immigration and naturalization | Establish uniform rules of naturalization and uniform laws on bankruptcy |
| Powers related to lawmaking | Make all laws necessary and proper for executing the powers vested in the government |
| Powers related to governance | Each House shall be the judge of its own members, determine rules of proceedings, punish members for disorderly behaviour, keep a journal of proceedings |
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What You'll Learn
The power to raise and support armies
The US Constitution grants Congress the power to raise and support armies. This power is a check on the president's commander-in-chief powers, as it gives Congress control over military funding. The president can veto the budget, but if a war loses public support, constituents can have their voices heard through Congress.
Historically, the power to raise armies was held by the English king, who could initiate wars and maintain standing armies and navies. However, this power was often detrimental to the liberties and well-being of Englishmen, and the English Declaration of Rights of 1688 stated that the king could not maintain standing armies without the consent of Parliament. To prevent this concentration of power, the Framers vested the power to raise and support armies in Congress.
Congress has broad constitutional power to raise and regulate armies, as recognised by the Supreme Court. This power includes the ability to conscript manpower for military service, which has been upheld by the Court as constitutional. Additionally, Congress has the power to call on militias and raise armies as it sees fit.
While Congress has the primary authority to raise and support armies, it is limited by a two-year appropriation rule. This rule states that no appropriation of money for the army shall be for a longer term than two years. This limitation was included in the Constitution to address the fear of standing armies and prevent the endless allocation of resources to the military.
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The power to regulate commerce with foreign nations
The US Constitution's Commerce Clause, or Article 1, Section 8, Clause 3, grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This clause has been interpreted broadly by the courts throughout US history, with the Supreme Court holding that any activity with a "substantial economic effect" on interstate commerce falls under the purview of this clause.
The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, which has led to significant controversy regarding the balance of power between the federal government and the states. This is because the Commerce Clause restricts states from impairing interstate commerce, and so it can be seen as both a grant of congressional authority and a restriction on the regulatory authority of the states.
The interpretation of the Commerce Clause has been a matter of debate, with the Constitution not explicitly defining the word "commerce". Some argue that it refers simply to trade or exchange, while others claim that the framers of the Constitution intended to describe commercial and social intercourse between citizens of different states more broadly.
The original meaning of the Commerce Clause, as evidenced by the time of its founding, gave Congress the power to regulate, make regular, or even prohibit the trade, transportation, or movement of persons and goods from one state to a foreign nation, another state, or an Indian tribe. However, it did not include the power to regulate the economic activities that produced the goods to be traded or transported, such as manufacturing or agriculture.
In the case of NLRB v. Jones & Laughlin Steel Corp in 1937, the Supreme Court recognised broader grounds for using the Commerce Clause to regulate state activity. The Court held that any activity with a "substantial economic effect" on interstate commerce or whose "cumulative effect" could impact such commerce was subject to regulation under the Commerce Clause. This marked a shift towards an unequivocally broad interpretation of the clause.
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The power to establish laws
The US Constitution grants Congress the power to make laws necessary and proper for executing the powers vested in the US government. This includes the power to levy taxes, duties, imposts, and excises to fund the country's common defence and general welfare.
Congress can also regulate commerce with foreign nations, Native American tribes, and between states. It can establish uniform rules of naturalization and bankruptcy laws across the country. Additionally, Congress has the authority to secure intellectual property rights for authors and inventors by granting them exclusive rights to their writings and discoveries for a limited time.
Congress is responsible for defining and punishing piracies, felonies committed at sea, and offences against international law. It can also declare war, grant letters of marque and reprisal, and make rules regarding captures on land and water. Furthermore, Congress has the power to raise and support armies, organise and govern militias, and provide for calling forth the militia to execute laws, suppress insurrections, and repel invasions.
The legislative power vested in Congress allows it to make laws and delegate authority to other federal officials and agencies, provided that it establishes intelligible principles to guide their actions. However, the Supreme Court's interpretation of the nondelegation doctrine has allowed Congress to delegate lawmaking authority without strict enforcement of the nondelegation principle, raising concerns about democratic accountability.
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The power to declare war
The US Constitution grants Congress the power to declare war, as outlined in Article I, Section 8, Clause 11. This clause empowers Congress to make formal declarations of war, issue letters of marque and reprisal, and create rules concerning captures on land and water.
Historically, Congress's approval was sought for early American conflicts, such as the War of 1812, and lesser uses of force, including the Quasi-War with France in 1798 and conflicts with Native American tribes. However, in modern times, there have been instances where presidents have used military force without formal declarations or express consent from Congress, such as in the case of President Truman.
The interpretation of the Declare War Clause has been a subject of debate. Some argue that presidential actions, such as authorizing the use of force or approving military spending, can be interpreted as implicit authorizations for military engagements. Additionally, there is a debate about the president's independent authority to use military force in response to sudden attacks or in situations that do not amount to war, such as peacekeeping operations.
The Supreme Court has also weighed in on the Declare War Clause, stating that the United States possesses inherent war powers as a sovereign country. However, the Court has generally avoided deciding war-initiation cases on their merits, instead relying on rules that limit the types of disputes courts can resolve.
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The power to tax
The US Constitution grants Congress the power to tax. This power is outlined in Article I, Section 8, Clause 1 of the Constitution, also known as the Taxing Clause. This clause provides Congress with the authority to "lay and collect Taxes, Duties, Imposts and Excises" to pay off debts and provide for the defence and general welfare of the United States.
The Framers of the Constitution recognised the need for a central governing body with the power to tax and spend independently. This power is not limited to repaying Revolutionary War debts but is also prospective. Congress can levy taxes to fund a wide range of endeavours, including raising and supporting a military and regulating interstate and international commerce.
While Congress's taxing power is broad, it is not without limits. The Supreme Court has emphasised that this power is subject to constitutional provisions protecting individual rights. For example, Congress cannot tax people for exercising their right to free speech. Additionally, the Supreme Court has suggested that Congress exceeds its power when imposing monetary payments primarily aimed at regulating behaviour rather than raising revenue.
The interpretation of Congress's taxing power has been a subject of debate. Alexander Hamilton argued for a broad interpretation, contending that Congress could tax and spend regardless of whether it carried out another enumerated power. On the other hand, James Madison took a more limited view, asserting that Congress's power was defined and restricted by the specific grants of authority in the rest of Section 8. In 1936, the Supreme Court sided with Hamilton in United States v. Butler, establishing the precedent that Congress can use the Taxing Clause independently.
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