Isabella Carter
The United States Congress, comprising the House of Representatives and the Senate, is the country's chief legislative body. Article I of the Constitution grants Congress the authority to enact legislation and declare war, confirm or reject Presidential appointments, and conduct investigations. Section 8 of Article I contains a list of Congressional powers, including the ability to lay and collect taxes, regulate commerce, coin money, and establish post offices. The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to make laws necessary and proper for executing its powers, enabling it to stretch its authority when needed. While the Constitution provides Congress with an essential role in national defence, critics argue that the executive branch has, at times, usurped its power to declare war.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| House of Representatives | Composed of Members chosen every second year by the People of the several States |
| Electors in each State | Shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature |
| Representatives and Direct Taxes | Shall be apportioned among the several States included within the Union according to their respective Numbers |
| Powers | To lay and collect taxes, duties, imposts, and excises; to pay debts; to borrow money; to regulate commerce; to coin money; 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 establish a uniform Rule of Naturalization; to make laws |
| Impeachment | The Senate shall have the sole Power to try all Impeachments |
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What You'll Learn
Congressional powers are vested in the Senate and House of Representatives
The powers of the United States Congress are implemented by the United States Constitution, with further definitions provided by rulings of the Supreme Court, and by factors such as history and custom. The legislative powers of Congress are vested in the Senate and the House of Representatives, which together form the United States Congress.
Article I of the Constitution sets forth most of the powers of Congress, with numerous explicit powers enumerated in Section 8. These powers include the ability to lay and collect taxes, duties, imposts, and excises, as well as to pay debts and borrow money. Congress also has the power to regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, and declare war.
The Necessary and Proper Clause of the Constitution, also known as the Elastic 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 effectively widened the scope of Congress's legislative authority, allowing for a broader interpretation of its enumerated powers.
The Senate holds specific powers, such as the sole power to try all impeachments, including those of the President of the United States. In such cases, no person can be convicted without the concurrence of two-thirds of the Members present. Additionally, the Senate and the House of Representatives have equal legislative authority, although only the House can originate revenue and appropriation bills.
The House of Representatives is composed of members chosen every second year by the people of the several states, with each state's electors having the requisite qualifications. Representatives are apportioned among the states according to their respective populations. No person can be a Representative unless they are at least twenty-five years old, have been a citizen of the United States for at least seven years, and are an inhabitant of the state in which they are chosen.
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Congress can declare war
The powers of the United States Congress are outlined in the United States Constitution, specifically in Article I, which includes a list of powers in Section 8. One of the most important powers of Congress is the ability to declare war.
The Declare War Clause, found in Article I, Section 8, Clause 11 of the US Constitution, gives Congress the exclusive power to declare war, raise and maintain armed forces, and make rules for the military. This power is one of Congress's primary checks on the executive branch and acts as a key control on the President. The Declare War Clause ensures that the President cannot initiate hostilities without Congress's approval, although the President may introduce troops into hostile circumstances if Congress has declared war, specifically authorized the use of force, or in the case of a national emergency.
While Congress has the power to declare war, there has been debate and criticism regarding the interpretation of the Declare War Clause and the extent of Congress's power in practice. Some critics argue that the executive branch, particularly the President, has usurped Congress's authority to declare war. Historically, Presidents have initiated military action without formal war declarations from Congress, such as in the Korean War and the Vietnam War. The ambiguity of the Declare War Clause has contributed to this debate, with scholars and commentators offering different interpretations of the President's use of force in relation to the Clause.
The Supreme Court has also weighed in on the Declare War Clause, recognizing that Congress need not issue a formal declaration of war for the US to engage in military action. The Court has affirmed that Congress can authorize the President to use force within defined parameters that do not amount to a general declaration of war. Additionally, the Necessary and Proper Clause of the Constitution grants Congress the power to make laws necessary for executing its powers, further broadening its legislative authority.
Despite the criticisms and debates, Congress's power to declare war remains a crucial aspect of the US Constitution, providing a check on the executive branch and ensuring that decisions about war are made through the legislative process.
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Congress can raise and support an army
The powers of the United States Congress are outlined in the United States Constitution, specifically in Article I, which includes most of the powers of Congress. Article I, Section 8, Clause 12 of the Constitution grants Congress the power to "raise and support Armies". This power is one of the enumerated powers specifically given to Congress in Article I, Section 8.
The ability of Congress to raise and support an army is an important check on the president's powers as commander-in-chief. Congress is responsible for approving the military budget for the Department of Defense annually. While the president can veto this budget, as with any other legislation, Congress controls the funding. This means that the will of the people can be a factor in any war effort, as Congress can reduce spending on war efforts if a war loses public support.
The power to raise and support armies was included in the Constitution by the Framers, who were prompted by the fear of standing armies, as alluded to by Joseph Story. The Framers inserted the limitation that "no appropriation of money to that use shall be for a longer term than two years", to prevent the executive branch from usurping Congress's power to declare war. This limitation was further clarified in 1904, when Solicitor-General Hoyt ruled that the appropriations limited by the Constitution refer specifically to those used to "raise and support armies" and not to other military operations or those deemed necessary for common defence.
The power of Congress to raise and support armies has been upheld by the Supreme Court, which rejected the contention that this power deprived the States of their right to a "well-regulated militia". The Supreme Court affirmed that the power of Congress to raise and support armies is distinct from its authority to call the militia and is not limited by it.
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Congress can make and alter laws
The powers of the United States Congress are defined by the United States Constitution, rulings of the Supreme Court, and other factors like history and custom. Article I of the Constitution, also known as the Legislative Branch, outlines most of Congress's powers.
Congress has the power to make and alter laws. This power is articulated in Article I, Section 8, Clause 18, also known as the Necessary and Proper Clause, which states:
> "The Congress shall have Power...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 grants Congress the authority to create laws necessary to execute its powers and govern the country effectively. For example, Congress can pass laws related to taxation, commerce, national defence, and immigration.
The Necessary and Proper Clause has been interpreted broadly, expanding Congress's legislative authority. In the case of McCulloch v. Maryland, the federal government's authority to establish a national bank was recognised under the tax and spend clause, with states having no power to interfere.
Congress's law-making process involves both the Senate and the House of Representatives, with each body having specific roles and procedures. The House of Representatives is responsible for initiating revenue and appropriation bills, while the Senate handles legislation related to presidential nominations and treaties. A proposal must be considered and approved by both Houses for it to become a law, showcasing the importance of the bicameral legislative system in the United States.
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Congress can impeach the President
The powers of the United States Congress are implemented by the United States Constitution, with Article I setting forth most of Congress's powers. Congress's powers are also defined by rulings of the Supreme Court, by its own efforts, and by other factors such as history and custom. Some powers are explicitly defined by the Constitution and are called enumerated powers, while others are assumed to exist and are called implied powers.
The impeachment process involves the House of Representatives charging an official of the federal government by approving articles of impeachment by a simple majority vote. The House of Representatives then sends its articles of impeachment to the Senate, which sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of presidential impeachment trials, the Chief Justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future.
Congress has notably employed the impeachment tool against the President. Former President Richard Nixon resigned after Congress started the impeachment process against him in 1974. The Senate determined that Donald John Trump was subject to the jurisdiction of a Court of Impeachment for acts committed while President of the United States, despite the expiration of his term.
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Frequently asked questions
The US Congress is the legislative branch of the federal government, consisting of the House of Representatives and the Senate.
Congressional powers are articulated in Article I of the Constitution, which sets forth most of the powers of Congress, with numerous explicit powers enumerated in Section 8.
Some of the explicit powers of Congress enumerated in Article I, Section 8 include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish a uniform rule of naturalization; and to coin money.
The Necessary and Proper Clause, also known as the Elastic 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." This clause has been broadly interpreted to widen the scope of congressional powers, allowing Congress to stretch its enumerated powers.
Yes, the Constitution grants Congress the sole authority to declare war, raise and maintain armed forces, and make rules for the military. However, critics have charged that the executive branch has, at times, usurped Congress's power to declare war.
