Eleanor Finch
The United States Constitution grants Congress numerous powers, two of which are the power to lay and collect taxes, duties, imposts, and excises, and the power to regulate commerce with foreign nations and Native American tribes. These powers, outlined in Article I, Section 8, are among the explicit authorities delegated to Congress, with additional powers granted by other articles and amendments. The Constitution also empowers Congress to borrow money, establish uniform rules of naturalization and bankruptcy laws, and promote progress in science and the arts by protecting intellectual property rights. Furthermore, Congress plays a crucial role in national defence, including declaring war, raising and maintaining armed forces, and making rules for the military.
| Characteristics | Values |
|---|---|
| Powers | To lay and collect taxes, duties, imposts, and excises |
| To borrow money on the credit of the United States | |
| To regulate commerce with foreign nations and Native American tribes | |
| To establish a uniform rule of naturalization | |
| To declare war | |
| To raise and maintain the armed forces | |
| To make rules for the military | |
| To make all laws which shall be necessary and proper for carrying into execution the foregoing powers | |
| To admit new states into the Union | |
| To propose amendments to the Constitution | |
| To choose the president or vice president if no one receives a majority of Electoral College votes | |
| To impeach the President, federal judges, and other federal officers | |
| To regulate the times, places, and manner of holding elections to Congress | |
| To assemble at least once every year | |
| To judge the elections, returns, and qualifications of its members |
Explore related products
What You'll Learn
To lay and collect taxes, duties, imposts and excises
Article I of the Constitution outlines the powers of Congress, and among them is the power to "lay and collect taxes, duties, imposts and excises". This power is granted to Congress to enable it to fulfil its role in governing the nation and providing for the common defence and general welfare of the United States.
The power to lay and collect taxes is a significant responsibility entrusted to Congress, allowing it to generate revenue for the functioning of the government. This includes the authority to impose various forms of taxes, such as duties, imposts, and excises, ensuring a diverse range of revenue streams.
Duties refer to taxes imposed on specific goods or services, such as tariffs on imported products or taxes on certain transactions. Imposts are similar to duties but are often associated with taxes on imported goods specifically. Excises, on the other hand, are taxes levied on the production, sale, or consumption of specific goods or services within the country, such as tobacco or alcohol.
In exercising this power, Congress must ensure uniformity throughout the United States. This means that the same tax rates and structures apply across all states, territories, and populations. This uniformity prevents unfair taxation practices and promotes equality among citizens, regardless of their location within the country.
The ability to lay and collect taxes is a fundamental aspect of Congress's role in shaping the country's economic policies and ensuring the government's financial stability. It allows Congress to fund essential services, infrastructure projects, and social welfare programs, ultimately contributing to the overall well-being of the nation and its citizens.
The Great Compromise: Balancing Constitutional Powers
You may want to see also
To borrow money on the credit of the United States
The US Constitution grants Congress the power "To borrow Money on the credit of the United States". This power allows Congress to issue debt by selling Treasury marketable securities, such as Treasury bills, notes, bonds, and Treasury inflation-protected securities (TIPS) to investors. These investors can be individuals, businesses, state and local governments, as well as foreign entities. This process is different from how individuals or businesses borrow money, as the government does not apply for a loan from a bank. Instead, it sells Treasury securities, with the promise to pay back the borrowed amount with interest over time.
The power to borrow money is essential for the federal government to manage its finances and ensure the well-being of US residents. There are times when the government's spending activities and investments exceed its revenue, often due to decreased tax income or reduced earnings by individuals and corporations. In such situations, the government borrows money to pay its bills and fund important programs and services. This ability to borrow helps maintain economic stability and enables the government to meet its financial obligations, even during periods of reduced cash flow.
The US government has carried debt since its inception, with debts incurred during the American Revolutionary War, borrowed primarily from domestic investors and the French government. Throughout its history, the United States has never defaulted on its financial obligations. This consistent repayment history has established a strong creditworthiness for the country.
When Congress borrows money on the credit of the United States, it creates a binding obligation to honour the terms of the agreement. This means that the government cannot unilaterally change the conditions of the loan, such as the method of repayment. This provision ensures that the US government upholds its credibility and trustworthiness in financial matters, both domestically and internationally.
In summary, the constitutional power granted to Congress to borrow money on the credit of the United States enables the federal government to manage its finances effectively. It allows the government to raise funds by issuing debt securities to investors, ensuring the availability of funds to pay its bills and fund essential programs. This power has been utilised since the early days of the nation and remains a critical tool for economic management and maintaining the country's fiscal credibility.
Defining Nations and Ethnic Groups: Identity and Unity
You may want to see also
To regulate commerce with foreign nations
The US Constitution gives Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This is known as the Commerce Clause, which falls under Article 1, Section 8, Clause 3 of the US Constitution.
The Commerce Clause gives Congress broad powers to regulate interstate commerce and restrict states from impairing interstate commerce. It has been interpreted and used as a justification for Congress to exercise legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states.
The Constitution does not explicitly define the word "commerce", leading to wide debate over the extent of the powers granted to Congress by the Commerce Clause. Some argue that it refers simply to trade or exchange, while others claim that the framers of the Constitution intended to describe more broadly the commercial and social intercourse between citizens of different states.
Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power. However, beginning with NLRB v. Jones & Laughlin Steel Corp in 1937, the Court began to recognise broader grounds upon which the Commerce Clause could be used 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 fell within the scope of the Commerce Clause.
In more recent cases, such as Lopez v. United States (1995) and NFIB v. Sebelius (2012), the Supreme Court has been more reluctant to expand the interpretation of the Commerce Clause. In these cases, the Court emphasised that Congress can only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.
Florida Court Proceedings: When Does Termination Occur?
You may want to see also
Explore related products
$9.99 $9.99
To establish a uniform rule of naturalization
The Constitution grants Congress the power to establish a uniform rule of naturalization. This power is derived from Article I, Section 8, Clause 4 of the Constitution, which states that Congress has the authority to create uniform laws regarding naturalization and bankruptcies across the United States.
Naturalization is defined as the process of granting citizenship to foreigners, affording them the same rights as native-born citizens. This power of Congress over naturalization has been affirmed by the Supreme Court, which stated that the power "applies only to persons born in a foreign country under a foreign government." The Court has also ruled that Congress has the exclusive authority to establish the rules and conditions for naturalization, while the states have no power to grant citizenship.
The power to establish a uniform rule of naturalization also includes the ability to set requirements for citizenship, such as residency and moral character. Congress can determine who is eligible for citizenship and can restrict or grant citizenship based on specific criteria. For example, the first naturalization act enacted by Congress in 1790 limited naturalization to "free white persons." Over time, this has been expanded, and Congress has the power to make changes to these requirements as needed.
Additionally, Congress's power to establish a uniform rule of naturalization extends to those born abroad. The citizenship status of individuals born outside the United States is determined by Congress and is generally based on the citizenship of their parents. Congress can also condition this "statutory" citizenship on subsequent periodic residence in the country. This interpretation of the power of Congress suggests that it is unrestrained by constitutional limitations in this specific area.
The power to establish a uniform rule of naturalization is not without restrictions, however. The Fourteenth Amendment declares that Congress may not discriminate between different classes of citizens in setting rules for expatriation, provided there is no fraud involved in obtaining naturalization. Additionally, Congress cannot condition the retention of citizenship once it has been granted.
Congress Oversees the Executive: Where's the Proof?
You may want to see also
To declare war
The US Constitution grants Congress the power to declare war. This power is outlined in Article I, Section 8, Clause 11 of the Constitution, which states that Congress has the authority to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This clause gives Congress the exclusive authority to initiate a formal declaration of war, which is a significant check on the executive branch's power to take the nation to war.
Historically, the process of going to war has often been initiated by the President, but formal war declarations from Congress have been sought and received for major conflicts such as the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. However, there have been instances where Presidents have initiated military action without congressional assent, such as President Theodore Roosevelt's move into Panama in 1903, and the Vietnam War, which lasted over a decade without a declaration of war.
The power to declare war is an important check on the executive branch's power and is intended to ensure that the decision to go to war is made through a democratic process. It allows Congress to debate the merits of going to war and to authorise the use of military force. This power also enables Congress to provide oversight and ensure that the executive branch does not act unilaterally in taking the nation into armed conflict.
Despite the constitutional grant of war powers to Congress, some critics argue that the executive branch has, at times, usurped this authority. This tension between the legislative and executive branches highlights the ongoing debate over the interpretation and application of the Constitution's war powers.
The Executive Branch: 15 Departments, One United States
You may want to see also
