Congress Powers: Where Are They Granted?

The United States Congress is the legislative branch of the US federal government and its powers are outlined in the US Constitution. Article I of the Constitution sets forth most of the powers of Congress, including the authority to make laws, declare war, and raise an army and navy. These powers are shared between the two houses of Congress, the Senate and the House of Representatives. Additional powers are granted by other articles and constitutional amendments, such as the power to choose the president or vice president if no one receives a majority of Electoral College votes.

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The power to tax and spend

The powers of the United States Congress are outlined in Article I of the Constitution, with additional powers granted by other articles and constitutional amendments. Congress's authority to make laws is considered its most important power.

> "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."

The Origination Clause further 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."

The Constitution also outlines some limitations on Congress's power to tax and spend. The Army Clause, for example, limits to two years the time a congressional appropriation to raise and support the army can remain in effect. Additionally, the Constitution bars the executive branch from withdrawing money from the Treasury without prior congressional authorization.

Congress must authorize by law both the collection of government revenues and their expenditure before executive branch agencies are allowed to spend the money. Congress has chosen to fund the government on an annual basis, adhering to the spirit of the Constitution's two-year time limit on appropriations for the army. Through reports and hearings, Congress also makes an effort to comply with the Constitution's directive to publish information on its budgetary decisions.

There has been much debate over the interpretation of the Spending Clause, particularly regarding the meaning of "general welfare." Some argue that it was meant to impose a fiduciary-like duty on Congress to refrain from favouring particular narrow interests. Others contend that it was originally understood as a limitation on power, preventing spending for the "special welfare of particular regions or states."

The power to regulate commerce

The United States Congress derives its powers from Article I of the Constitution, which sets forth most of the legislative body's powers, including numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and by Constitutional amendments.

The Commerce Clause (Article I, Section 8, Clause 3) of the United States Constitution grants Congress the power to regulate interstate and foreign commerce. This includes the power to regulate commerce with foreign nations, among the states, and with Native American tribes. The plain meaning of the clause indicates a limited power to regulate commercial trade between persons in one state and persons outside of that state.

However, the interpretation and application of the Commerce Clause have evolved and expanded over time, along with the growth and increasing complexity of the US economy. The clause has been invoked as the constitutional basis for a significant portion of the laws passed by Congress over the last 50 years, and it currently represents one of the broadest bases for the exercise of congressional powers.

While the Commerce Clause grants Congress significant power, there are limits to its authority. For example, in United States v. Lopez and United States v. Morrison, the Supreme Court held that a gun possession law and a law regarding sexual violence, respectively, were beyond Congress's authority to regulate commerce. Similarly, in National Federation of Business v. Sebelius, the Court found that the Commerce Clause did not provide the authority to mandate the purchase of health insurance, limiting its use to instances where individuals have already chosen to engage in commercial activity.

In summary, the Power to Regulate Commerce, as outlined in the Commerce Clause, grants Congress broad authority to regulate interstate and foreign commerce, control navigable waters, and address national economic and social issues. However, there are judicial checks in place to prevent overreach and ensure that the exercise of this power remains within constitutional bounds.

The power to declare war

The US Constitution grants Congress the power to declare war. This power is derived from Article I, Section 8, Clause 11 of the Constitution, which outlines the powers of Congress, including the ability to "declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water".

The Continental Congress, composed of delegates from the thirteen colonies, demonstrated its authority over war and peace by raising an army, creating a navy, and ultimately adopting the Declaration of Independence. This historical precedent underscores the significance of Congress's power to declare war in shaping the nation's external sovereignty.

Additionally, the power to declare war is closely tied to other war powers, such as the ability to raise and support armies, provide and maintain a navy, and regulate the Armed Forces. These interconnected powers are essential for prosecuting a declared war effectively.

While Congress holds the power to declare war, it is important to note that the Constitution also establishes checks and balances to prevent the concentration of absolute power in a single branch of government. The legislative branch, consisting of the Senate and the House of Representatives, works together to pass bills and proposed laws, ensuring a collaborative decision-making process regarding war declarations.

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The power to impeach

The definition of "high crimes and misdemeanors" has long been debated, as it is not specified in the Constitution. Generally, it refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes. The impeachment process can result in removal from office and, if Congress votes to do so, disqualification from holding future office.

The power of impeachment has its origins in 14th-century England, where it was used by the Good Parliament against William Latimer, 4th Baron Latimer. The process was later adopted by American colonial and state governments, including Virginia and Massachusetts, who restricted the punishment to removal from office. Prior to the ratification of the U.S. Constitution in 1788, individual states provided for impeachment in cases of "maladministration" or "corruption". During the Constitutional Convention, the Framers addressed various aspects of impeachment, such as the venue and process for trials, actions warranting impeachment, and the likelihood of conviction.

Impeachment is a significant tool for holding public officials accountable for their actions and ensuring the proper functioning of government. It serves as a check on executive power and helps maintain the integrity of the political system.

The power to make laws

The legislative powers of the United States Congress are explicitly stated in the Constitution, with Article I, Section I stating that "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". The powers of Congress are both constitutional and evolutionary.

Article I, Section 8 of the Constitution outlines the eighteen enumerated powers of Congress, which include the power to:

• Tax and spend for the general welfare and common defence
• Borrow money
• Regulate commerce with states, other nations, and Native American tribes
• Establish citizenship and naturalization laws, as well as bankruptcy laws
• Coin money
• Declare war
• Raise and support an army and navy
• Establish the federal courts and their jurisdictions
• Propose amendments to the Constitution

The Necessary and Proper Clause, also known as Article I, Section 8, Clause 18, gives Congress the authority to create any laws necessary and proper to carry out the enumerated powers of the Constitution. This clause ensures that Congress has the flexibility to adapt and create new laws as needed to govern effectively.

In addition to the powers explicitly granted in Article I, Congress also has implied powers derived from the "necessary and proper" clause, as well as those granted by other articles and constitutional amendments. For example, the Twelfth Amendment gives Congress the power to choose the president or vice president if no one receives a majority of Electoral College votes. The Thirteenth, Fourteenth, and Fifteenth Amendments also gave Congress the authority to enact legislation to enforce the rights of all citizens, regardless of race, including voting rights, due process, and equal protection under the law.

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