Simone Lawson
The US Congress's powers are primarily outlined in Article I, Section 8 of the US Constitution. These powers include the authority to declare war, raise and support armies, regulate commerce, and coin money. One example of an expressed power that Congress holds is the ability to declare war and maintain a military. This power is crucial for national defence and security and allows Congress to take definitive action during conflicts, protecting the interests and safety of US citizens. Congress's authority to declare war is not exercised arbitrarily but involves geopolitical considerations and consultations with military advisors.
| Characteristics | Values |
|---|---|
| Declare war | Congress can formally declare war against foreign nations |
| Maintain a military | Congress is responsible for raising, supporting, and organizing the military |
| Levy taxes | Congress can impose taxes, duties, imposts, and excises to pay debts and provide for the common defense and general welfare of the United States |
| Coin money | Congress can regulate the value of money |
| Regulate commerce | Congress can regulate trade with foreign nations, among the states, and with Indian tribes |
| Make and enforce laws | Congress can make all laws necessary and proper for carrying into execution its powers |
| Establish rules of naturalization and bankruptcy | Congress can establish uniform rules of naturalization and uniform laws on bankruptcy throughout the United States |
| Punish counterfeiting | Congress can provide for the punishment of counterfeiting the securities and current coin of the United States |
| Protect intellectual property | Congress can promote the progress of science and useful arts by securing for limited times the exclusive rights of authors and inventors to their writings and discoveries |
| Define and punish maritime crimes | Congress can define and punish piracies and felonies committed on the high seas and offenses against the law of nations |
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What You'll Learn
Declaring war
> "The Congress shall have Power To... provide for the common Defence and general Welfare of the United States."
The Constitution further elaborates on this power in the same section, stating:
> "The Congress shall have Power... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions."
The framers of the Constitution intentionally gave the power to declare war to Congress, breaking away from the past when European monarchs controlled the continent's affairs. They were reluctant to concentrate too much influence in the hands of a single person, such as the President, and wanted to ensure that declarations of war were subjected to careful debate in open forums among the public's representatives.
The power to declare war is crucial for the national defence and security of the United States, enabling Congress to take definitive action during conflicts and protect the interests and safety of its citizens. It is important to note that Congress does not exercise this power arbitrarily. Declaring war typically involves geopolitical considerations, consultations with military advisors, and often, public discourse.
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Maintaining a military
The US Constitution grants Congress the power to maintain a military, also known as the power to "raise and support Armies". This power is derived from Article I, which outlines the legislative powers of Congress, and Article II, which designates the president as the "Commander in Chief of the Army and Navy of the United States".
Congress's authority to maintain a military includes the ability to organise, arm, and discipline militias, as well as govern the portion employed by the federal government. It also empowers Congress to make rules and regulations for the military, including establishing a separate military justice system with its own laws, courts, and procedures. This system applies to all servicemen, reservists on inactive duty, and certain civilians with ties to the military.
Congress also has the power to raise and appropriate funds for the military. This power is limited by the requirement that no funds appropriated for the military can be for a term longer than two years. Additionally, Congress has the authority to create or abolish military offices and positions, although the president, with the advice and consent of the Senate, typically appoints military officers.
The power to maintain a military is an essential aspect of Congress's ability to protect the national defence and security of the United States. It enables Congress to take definitive action during conflicts and safeguard the interests and safety of its citizens.
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Creating a national banking system
While the Constitution does not explicitly mention the creation of a national banking system, it does confer upon Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." This clause, known as the Necessary and Proper Clause, allows Congress to interpret and execute its expressly granted powers.
Alexander Hamilton, the first Treasury Secretary, played a crucial role in advocating for the creation of a national bank. He believed in the need for banks to provide credit and stimulate the economy, drawing inspiration from central banks in Europe. Hamilton's efforts led to the establishment of the Bank of New York in 1784, and he later proposed a national equivalent. On December 15, 1790, he submitted a report to Congress, making a case for a national bank.
The establishment of the Bank of the United States, however, generated controversy. President Madison and Attorney General Edmund Randolph opposed it on constitutional grounds, arguing that the Constitution did not explicitly grant the power to establish a national bank. Despite this, Madison endorsed the renewal of the bank in 1816, recognizing the challenges of funding military efforts without a central bank during the War of 1812.
In summary, while creating a national banking system is not an enumerated or expressed power of Congress, it falls under their implied powers. This power is derived from the Necessary and Proper Clause, which enables Congress to interpret and execute its expressly granted authorities, such as regulating interstate commerce and levying taxes.
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Raising and supporting armies
The power to raise and support armies is an example of an expressed power held by the United States Congress. This power is outlined in Article I, Section 8 of the United States Constitution, which enumerates the powers of Congress. The relevant clause states:
> "The Congress shall have Power [...] To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."
This power was included in the Constitution to prevent the abuse of power by the executive branch, particularly the president's commander-in-chief powers. By controlling military funding, Congress acts as a check on the president's authority to conduct military operations. This ensures that the will of the people, as represented by Congress, is considered in any war effort.
Historically, the English king had the power to initiate wars and maintain armies. However, the framers of the US Constitution were aware that these powers had been misused, infringing on the liberties and well-being of the people. As a result, they chose to vest these powers in Congress instead.
The power to raise and support armies has been interpreted by the Supreme Court to include the power to classify and conscript manpower for military service. This interpretation has been supported by the Court's broad deference to Congress in matters relating to the governance and regulation of the military.
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Coining money
The power to coin money, as stated in Article I, Section 8, Clause 5 of the Constitution, grants Congress the exclusive authority to mint and regulate the value of currency. This clause, known as the coinage clause, empowers Congress to regulate every aspect of United States currency, including the coining of money and the determination of its value. The Supreme Court has interpreted this clause broadly, allowing Congress to regulate all phases of currency, including the establishment of banks and the management of currency circulation.
The power to coin money also includes the authority to maintain the purity and integrity of the currency. Congress can pass federal laws that punish counterfeiting, importation, and use of counterfeit money. The Supreme Court has upheld Congress's power to abrogate clauses in private contracts calling for payment in gold coin or foreign currencies. This power ensures the protection and preservation of the constitutional currency for the benefit of the nation.
In addition to the coinage clause, Congress's power to coin money is further reinforced by the necessary and proper clause (Article I, Section 8, Clause 18). This clause enables Congress to pass federal laws necessary for carrying out its powers, including the enumeration and punishment of crimes related to counterfeit currency. The necessary and proper clause works in conjunction with the coinage clause to provide a comprehensive framework for Congress's authority over the nation's monetary system.
The power to coin money is an essential aspect of Congress's fiscal and monetary powers. It allows Congress to regulate the economy, manage the circulation of money, and ensure the stability and integrity of the nation's currency. This power is a clear example of an expressed power granted to Congress by the U.S. Constitution.
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Frequently asked questions
An example of an expressed power that Congress holds is the power to declare war and maintain a military.
Expressed powers are specific powers granted to Congress and explicitly stated in the US Constitution, primarily in Article I, Section 8.
Other examples of expressed powers held by Congress include the power to coin money and regulate its value, and the power to make and enforce laws.
Expressed powers are explicitly mentioned in the Constitution, while implied powers are not directly stated but are inferred as necessary to achieve the objectives of the national government. An example of an implied power is the creation of a national banking system.
The enumerated powers of Congress, as outlined in the Constitution, include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; and to establish uniform rules of naturalization and bankruptcy laws.
