Enumerated Powers: Congress And The Constitution

The US Constitution created a federalist system with powers divided between the national government and the states. The enumerated powers of the US Congress are the powers granted to the federal government by the US Constitution. These are also called expressed, explicit, or delegated powers. They are mostly listed in Article I, Section 8, and include the power to tax, regulate interstate commerce, declare war, coin money, and establish a court system. The Tenth Amendment expresses a limitation on Congress: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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Power to tax

The US Constitution created a federalist system with powers divided between the national government and the states. The US Constitution grants Congress the power to tax, also known as the "Taxing and Spending Clause" or "Congressional spending power". This power is outlined in Article I, Section 8, Clause 1 of the Constitution, which states that Congress has the authority to "lay and collect taxes, duties, imposts, and excises". This clause permits the levying of taxes for two purposes: to pay off debts and to provide for the common defence and general welfare of the United States.

The power to tax enables Congress to raise significant amounts of money and effectively control the nation's resources. Congress can then use this money to fund American necessities, such as welfare aid or military funding. The power to tax also allows Congress to regulate commerce, discourage or prohibit certain activities or products, and encourage participation in commerce. For example, Congress can impose high taxes on activities it wants to discourage, such as gambling, or products, such as sawed-off shotguns.

Congress has also employed the taxing power for regulatory purposes, such as taxing to influence commerce or taxing those not participating in interstate commerce. In addition, Congress can use conditional grants to the states to induce them to enact laws that Congress itself is not authorised to enact. For instance, Congress does not have the power to regulate the minimum age for the purchase or consumption of alcoholic beverages, but it can make it a condition of granting highway funds to the states that they enact a specific drinking age.

The power to tax has been perceived as very broad, but it has also been curtailed by the courts on occasion. The Supreme Court has ruled that Congress has broad powers to tax and expend revenues within its discretion. However, there have been disputes and debates about the extent to which Congress should utilise this power.

Regulate interstate commerce

The US Constitution grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes" under the Commerce Clause (Article I, Section 8). This clause has been the primary source of Congress's regulatory power over the US economy.

The Constitution does not explicitly define "commerce," leading to varying interpretations by the courts. Some argue that it refers solely to trade or exchange, while others contend that it encompasses a broader scope of commercial and social interactions between citizens of different states. The Supreme Court has generally adopted a broad interpretation of the Commerce Clause, asserting that Congress has the authority to regulate local commerce if it is part of a larger interstate commercial scheme or has a "substantial economic effect" on interstate commerce. This interpretation has allowed Congress to regulate almost anything, as most activities can be argued to affect interstate commerce in some way. For example, Congress can regulate labour relations, as they can affect production, sales, and, ultimately, interstate commerce.

However, in United States v. Lopez (1995), the Supreme Court took a more conservative approach, ruling that Congress only has the power to regulate the channels and instrumentalities of commerce and actions that substantially affect interstate commerce. In this case, the Court rejected the government's argument that possessing a firearm in a school zone fell under the Commerce Clause because it would lead to violent crime, impacting general economic conditions. The Court emphasised the distinction between national and local matters, refusing to expand Congressional power beyond its enumerated scope.

The Commerce Clause also serves as an implied prohibition on state laws and regulations that impede or discriminate against interstate commerce, known as the "dormant" commerce clause. This interpretation aims to prevent protectionist state policies that favour in-state citizens or businesses over non-citizens conducting business within the state. For instance, in West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products as it discriminated against out-of-state citizens and businesses, hindering interstate commercial activity.

Declare war

The United States Constitution establishes a federalist system of government, dividing power between the national government and the states. The Constitution grants Congress enumerated powers, which are outlined primarily in Article I, Section 8. One of these enumerated powers is the authority to "declare war."

The power to "declare war" is a significant congressional power, and it is explicitly mentioned in Article I, Section 8 of the Constitution, which states that "Congress shall have the power to... declare War." This provision grants Congress the sole authority to issue formal declarations of war, indicating the existence of a state of war between the United States and another nation.

The United States has formally declared war on foreign nations in five separate conflicts, resulting in declarations against ten different countries. These declarations were made by Congress, often at the request of the President, and they include:

• War of 1812: Declared against the United Kingdom on June 18, 1812, due to British impressment of American sailors and violations of US neutrality during the Napoleonic Wars.
• Mexican-American War: On May 13, 1846, Congress declared war on Mexico following territorial disputes and military clashes in Texas.
• World War I: The US declared war on Germany on April 6, 1917, citing unrestricted submarine warfare and the Zimmermann Telegram. Later, in 1917, Congress also declared war on Austria-Hungary, a German ally.
• World War II: After the attack on Pearl Harbor on December 7, 1941, Congress declared war on Japan, followed by reciprocal declarations against Germany and Italy, who had declared war on the US.

It is important to note that the Constitution does not specify a format or legislation for what constitutes a "declaration of war." The power to declare war is distinct from the power to "make war," which was intentionally left to the executive branch to allow for repelling sudden attacks without the need for prior congressional approval.

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Coin money

The enumerated powers of the US Constitution are mostly discussed in Article I, Section 8. One of these powers is the power to "coin money". This power is also known as the coinage clause and is outlined in Article I, Section 8, Clause 5.

The coinage clause gives Congress the exclusive power to coin money and regulate the value of US currency. This includes the power to mint money and determine its value, as well as the authority to establish banks and manage the circulation of money. Congress can also borrow money on credit for the United States.

The Supreme Court has interpreted the coinage clause as giving Congress the sole authority to regulate every aspect of US currency. This includes the power to charter banks and allow them to issue circulating notes, such as coins, banknotes, and government notes. Congress can also restrain the circulation of notes not issued under its authority, such as by imposing taxes on the circulation of notes from state banks or municipal corporations.

The power to coin money also includes the power to protect and preserve the purity of the US currency. This includes the power to prohibit and punish the creation and use of counterfeit coins or money, including the importation and circulation of counterfeit coins.

The power to coin money is related to Congress's other powers, such as the necessary and proper clause, which allows Congress to pass federal laws necessary for carrying out its powers, and the power to regulate interstate commerce, which gives Congress broad authority to regulate economic activity.

Establish a court system

Article III of the US Constitution outlines the powers of the federal judiciary and serves as the foundation for the establishment of a court system. Section 1 of Article III vests the judicial power of the United States in the Supreme Court and grants Congress the power to create lower federal courts as needed. This section also establishes the tenure and salary provisions for federal judges, ensuring their

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