Jonah Patel
The expressed powers of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. These powers are explicitly stated in the Constitution and are also called enumerated or explicit powers. Most of these powers are listed in Article I, Section 8, which includes 18 clauses. The expressed powers of Congress include the power to tax and spend for defence and general welfare, borrow money, regulate commerce, coin money, declare war, and more. The Constitution also expresses limitations on Congress, such as the Tenth Amendment, which states that powers not delegated to the United States by the Constitution are reserved for the states or the people.
| Characteristics | Values |
|---|---|
| Location | Article I, Section 8 of the US Constitution |
| Number of Expressed Powers | 18 |
| Examples of Expressed Powers | Power to tax and spend for the defence and general welfare of the US |
| Power to borrow money | |
| Power to regulate foreign and interstate commerce | |
| Establish naturalization and bankruptcy laws | |
| Power to coin money | |
| Declare war | |
| Raise and support an army | |
| Provide and maintain a navy | |
| Make laws governing the armed forces |
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What You'll Learn
Power to tax and spend
The expressed powers of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. The Constitution of 1789 established Congress, separating it structurally from the executive and judicial branches of government.
Congress's power to tax and spend is one of the eighteen enumerated powers explicitly stated in Article I, Section 8, of the Constitution. According to the Spending Clause, "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States" (U.S. Const. art. I, § 8, cl. 1).
The Constitution also regulates how Congress considers legislation authorizing new taxes and spending. The Origination Clause stipulates that "All Bills for Raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills" (U.S. Const. art. I, § 7, cl. 1). Additionally, the Army Clause limits congressional appropriations for the army to a period of two years (U.S. Const. art. I, § 8, cl. 12).
Congress must authorize by law both the collection of government revenues and their expenditure before executive branch agencies are permitted to spend the money. While Congress can fund the government for any length of time, it typically does so annually, adhering to the spirit of the Constitution's two-year limit on appropriations. Through reports by legislative support agencies and hearings, Congress strives to comply with the Constitution's directive to publish information detailing its budgetary decisions.
There have been differing interpretations of the Spending Clause among the Framers and legal scholars. Some argue that the clause grants Congress an independent power to spend, while others contend that it is a limitation on power, precluding spending for the "special welfare of particular regions or states." The Supreme Court's interpretation of the Constitution, including the enumerated powers of Congress, provides a framework within which Congress operates.
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Power to borrow money
The expressed powers of the United States Congress are granted by the United States Constitution. Most of these powers are listed in Article I, Section 8. The Constitution also expresses various limitations on Congress, such as the Tenth Amendment, which states:
> 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.
One of the enumerated powers of Congress is the power to borrow money. This power is derived from Article I, Section 8, Clause 2 of the Constitution, which states that Congress has the power:
> To borrow money and emit bills on the credit of the United States.
This clause empowers Congress to borrow money on the credit of the United States, creating a binding obligation to repay the debt as stipulated. This means that once Congress has agreed to the terms of a loan, it cannot subsequently alter those terms.
The original draft of the Constitution, as reported by the Committee of Detail, included the phrase "and emit bills on the credit of the United States." During debates, Gouverneur Morris moved to strike out this clause, and James Madison suggested that it might be sufficient to prohibit the making of tender. The convention ultimately voted to delete the phrase, resulting in the final version of the clause as it appears in the Constitution.
Despite the deletion of the phrase "and emit bills on the credit of the United States," the Court relied on this clause in 1870 to hold that Congress had the authority to issue treasury notes and make them legal tender for satisfying antecedent debts. This interpretation highlights the evolving nature of constitutional interpretation and the influence of judicial decisions in shaping the understanding of Congress's powers.
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Power to regulate commerce
The expressed powers of Congress are granted by the United States Constitution, with most of these powers listed in Article I, Section 8. One of these powers is the power to regulate commerce. This power is referred to as the Commerce Clause, found in Article I, Section 8, Clause 3 of the Constitution.
The Commerce Clause gives Congress the authority to "regulate commerce with foreign nations, and among the several states, and with the Indian Tribes." This power allows Congress to regulate trade activities that cross state borders, encompassing a wide range of economic transactions. The interpretation of the word "commerce" has been a subject of debate, with some arguing it refers simply to trade or exchange, while others claim it describes a broader scope of commercial and social intercourse between citizens of different states.
The Supreme Court initially interpreted the Commerce Clause narrowly, focusing on the direct movement of goods across state lines. However, as the economy evolved, the Court began to recognize a broader interpretation, acknowledging that the clause covers various aspects of economic activity. This interpretation has expanded over time to include non-economic activities that substantially affect interstate commerce.
The Commerce Clause has been invoked in several landmark Supreme Court cases, including Gibbons v. Ogden (1824), United States v. Darby (1941), Wickard v. Filburn (1942), and United States v. Lopez (1995). These cases have helped define the limits of Congress's power under the Commerce Clause and continue to influence how Congress legislates on matters affecting interstate commerce.
In conclusion, the power to regulate commerce is one of the expressed powers of Congress, granted by the Constitution's Commerce Clause. This power has been interpreted and shaped by Supreme Court cases, allowing Congress to regulate a wide range of economic and non-economic activities that impact interstate commerce.
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Declare war
The powers of the United States Congress are granted by the United States Constitution, with most of these powers listed in Article I, Section 8. These powers are known as enumerated, expressed, explicit, or delegated powers.
One of the enumerated powers of Congress is the power to "declare war". This power is derived from Article One, Section Eight of the Constitution, which states that "Congress shall have power to... declare War". The power to declare war is one of the exclusive federal powers of Congress, and it holds the sole authority to issue formal war declarations.
The United States has formally declared war against foreign nations in five separate conflicts, issuing declarations against ten different countries. The first formal declaration of war occurred on June 18, 1812, against the United Kingdom, citing British impressment of American sailors and violations of U.S. neutrality during the Napoleonic Wars. This conflict, known as the War of 1812, ended in 1814 with the Treaty of Ghent.
On May 13, 1846, Congress declared war on Mexico following territorial disputes and military clashes in Texas. This conflict, known as the Mexican-American War, resulted in the Treaty of Guadalupe Hidalgo in 1848, which expanded U.S. territory. During World War I, the United States declared war on Germany on April 6, 1917, citing Germany's unrestricted submarine warfare and the Zimmermann Telegram, in which Germany attempted to persuade Mexico to join the war against the United States. Later that year, Congress also declared war on Austria-Hungary, an ally of Germany.
The power to declare war is distinct from the power to "make war", with the latter being left to the executive branch to allow for the repelling of sudden attacks without the explicit approval of Congress. The War Powers Resolution further outlines the powers of the president to wage war, recognised by Congress.
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Make laws
The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I, Section I, states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This is further reinforced by Article I, Section 8, which enumerates the powers of Congress.
The power to make laws is one of the most important powers granted to Congress. This power is derived from the Necessary and Proper Clause, also known as the Elastic Clause, in Article I, Section 8. This clause allows Congress to create any laws that are necessary and proper to carry out the enumerated powers listed in the Constitution. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause, Congress had the authority to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.
The law-making process in Congress involves both the House of Representatives and the Senate. A bill, or proposed law, must be approved by both houses in the same form to become a law. This process allows for a bicameral, or two-house, legislative system, which was intended by the Founding Fathers to prevent absolute power from being concentrated in a single branch of government.
The enumerated powers of Congress in Article I, Section 8, include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and Native American tribes; to establish a uniform rule of naturalization and uniform laws on bankruptcy; to coin money; to provide for the punishment of counterfeiting; and to promote the progress of science and the arts by securing copyrights and patents.
In addition to the powers explicitly stated in Article I, Congress also has implied powers derived from the Necessary and Proper Clause, allowing it to stretch its enumerated powers to meet the needs of governing.
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Frequently asked questions
The expressed powers of Congress are found in the US Constitution.
The expressed powers of Congress include the power to tax and spend for the defence and general welfare of the US, borrow money, regulate foreign and interstate commerce, establish naturalization and bankruptcy laws, coin money, declare war, raise and support an army, and make laws governing the armed forces.
There are 18 expressed powers of Congress.
The Tenth Amendment states: "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."
