Eleanor Finch
The United States Constitution grants Congress several powers, including the ability to declare war, raise and maintain armed forces, and make rules for the military. Congress also has the power to lay and collect taxes, duties, imposts, and excises, as well as regulate commerce with foreign nations and among the states. Additionally, Congress can admit new states into the Union and propose amendments to the Constitution. The Constitution also gives Congress the authority to assemble at least once a year and determine the rules of its proceedings. While Congress has significant powers, critics argue that it has, at times, failed to adequately oversee other branches of the government and that the executive branch has usurped its authority to declare war.
| Characteristics | Values |
|---|---|
| Powers | Enumerated powers, implied powers |
| Powers defined in | Article I, Article IV Section 3, Article V, Twelfth Amendment |
| Enumerated powers | To lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among states; to establish uniform rules of naturalization; to raise and support armies; to declare war; to make rules concerning captures on land and water; to define and punish piracies and felonies committed on the high seas; to promote the progress of science and useful arts by securing exclusive rights to authors and inventors; to propose amendments to the Constitution; to choose the president or vice president if no candidate receives a majority of Electoral College votes |
| Implied powers | Derived from the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause; authority over financial and budgetary matters |
| Other powers | To enforce the abolition of slavery and involuntary servitude; to enforce the right of citizens to vote; to approve treaties made by the executive branch; to review and approve or reject presidential appointees to executive and judicial branch posts; to assemble at least once a year; to determine the rules of its proceedings; to expel members; to keep a journal of its proceedings; to oversee other branches of government |
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What You'll Learn
Congress can 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, also known as the Declare War Clause. This clause states that Congress has the authority to "declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
The interpretation of the Declare War Clause has been a subject of debate throughout US history, with some arguing for a narrow interpretation that limits Congress's power to merely declaring war, while others advocate for a broader understanding that includes the power to make war. The Supreme Court has also recognised that Congress need not issue a formal declaration of war to authorise military action, and Congress can authorise the President to use force within defined parameters.
Historically, presidents have sought and received formal war declarations from Congress for significant 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 declarations, such as the Korean War and the Vietnam War. Critics have charged that the executive branch has, at times, usurped Congress's constitutional authority to declare war.
The Declare War Clause also intersects with the President's role as the nation's voice in foreign affairs. While the President may introduce troops into hostile circumstances, it is generally accepted that this requires either a declaration of war, specific authorisation from Congress, or an emergency created by an attack on the United States or its territories. The scope of presidential use of force without congressional approval remains a contested issue.
Overall, the power to declare war is a critical aspect of Congress's authority under the US Constitution, shaping the nation's approach to military conflicts and foreign policy.
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Congress can raise and maintain armed forces
The powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts, as well as other factors such as history and custom. Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and by Constitutional amendments.
Congress has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause, and from its legislative powers. Congress has exclusive authority over financial and budgetary matters, through the enumerated 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. This power of the purse is one of Congress's primary checks on the executive branch.
Congress has the power to raise and maintain armed forces. Article I, Section 8, Clause 12 of the Constitution states that Congress has the power " [t]o raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years". The Framers inserted the limitation that “no appropriation of money to that use shall be for a longer term than two years” out of fear of standing armies. This power is exclusive to Congress, and the Supreme Court has upheld this, noting Congress's "broad constitutional power" to raise and regulate armies and navies.
Congress's authority to raise and support armies is also derived from Article I, Section 8, Clause 11 of the Constitution, which states that Congress has the power " [t]o declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". While historically presidents have initiated the process for going to war, they have asked for and received formal war declarations from Congress for the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II.
Under its power to make rules for the government and regulation of the armed forces, Congress has set up a system of criminal law binding on all servicemen, with its own substantive laws, its own courts and procedures, and its own appeals procedure.
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Congress can lay and collect taxes
The powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts, as well as other factors such as history and custom. Article I, Section 8 of the U.S. Constitution gives Congress the 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". This is referred to as the "Taxing and Spending Clause" or Congressional spending power, which allows Congress to use tax income to fund American necessities, such as welfare aid or security/military funding.
Congress's power to tax is a primary check on the executive branch. The power of taxation is what gives the government the resources to carry out its functions. Without it, the government would not be able to effectively police its citizens, protect them from foreign invaders, or regulate commerce.
Congress's power to tax is not limited to repaying the Revolutionary War debts, but it is also prospective. The Sixteenth Amendment grants Congress the taxing power to collect income taxes. The Internal Revenue Code (IRC) is the main law governing income taxes.
Congress's power to lay and collect taxes is not unlimited. For example, a tax or duty imposed on the importation of persons shall not exceed ten dollars for each person. Additionally, no capitation or other direct tax shall be laid unless in proportion to the census or enumeration directed to be taken.
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Congress can admit new states
The US Constitution grants Congress the power to admit new states into the Union. This power is derived from Article IV, Section 3, Clause 1 of the Constitution, also known as the Admissions Clause, Admission Clause, or New States Clause. This clause authorises Congress to admit new states beyond the original thirteen that existed when the Constitution came into effect on June 21, 1788.
The process of admitting new states often involves an enabling act, which outlines the mechanism for a territory to become a state. This includes the ratification of a constitution and the election of state officers. The Land Ordinance of 1784 and the 1787 Northwest Ordinance, which predate the US Constitution, established the broad outline for this process.
It is important to note that the Admission to the Union Clause prohibits the creation of new states from parts of existing states without the consent of all affected states and Congress. This caveat was intended to give certain states with western land claims a veto over whether their western counties could become states. Additionally, the equal footing doctrine ensures that new states are admitted on equal terms with existing states, maintaining sovereignty while being subject to the same laws and restrictions.
Since the Constitution came into effect, 37 states have been admitted to the Union by Congress. These states were established within existing US territories, either encompassing all or part of a territory. The admission of each new state has contributed to the expansion and evolution of the United States as a nation.
In summary, the power to admit new states into the Union is a significant responsibility vested in Congress by the US Constitution. This power has been exercised multiple times throughout history, shaping the country's geographical and political landscape.
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Congress can propose amendments to the Constitution
Congress derives its powers from the United States Constitution, rulings of the Supreme Court, and other factors like history and custom. Article I of the Constitution, specifically Section 8, outlines most of Congress's powers. These powers include the ability to lay and collect taxes, duties, imposts, and excises, as well as providing for the common defence and general welfare of the United States.
Article V of the Constitution grants Congress the authority to propose amendments. When two-thirds of both Houses deem it necessary, Congress can propose amendments to the Constitution. Alternatively, if two-thirds of state legislatures apply, Congress shall call a convention for proposing amendments. This convention method has never been used. The proposed amendments are then sent to the states for ratification.
The process of proposing amendments involves Congress passing a joint resolution, which does not require the President's signature or approval. The resolution is sent to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states.
Once a proposed amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution. The ratification process is administered by the Archivist of the United States, who delegates some duties to the Director of the Federal Register. The OFR examines ratification documents, retains them until an amendment is adopted or fails, and then transfers the records to the National Archives.
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Frequently asked questions
The US Constitution grants Congress its power in Article I, also known as the Legislative Branch, and Article IV, Section 3.
Article I, Section 8 of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers known as enumerated powers. These include the power to lay and collect taxes, duties, imposts, and excises, as well as the power to regulate commerce with foreign nations and among the states.
Congress also has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause. These powers are assumed to exist but are not explicitly defined in the Constitution.
Yes, the Constitution grants Congress the sole power to declare war, raise and maintain armed forces, and make rules for the military. However, critics have charged that the executive branch has, in some cases, usurped Congress's authority to declare war.
The Constitution also grants Congress the power to admit new states into the Union, propose amendments to the Constitution, and choose the president or vice president if no candidate receives a majority of Electoral College votes. Additionally, Congress has the authority to approve presidential appointments and treaties, conduct investigations of the executive branch, and shape military policy through appropriations and oversight.
