Congress' Limits: Exploring Non-Constitutional Powers

The US Constitution grants Congress a wide range of powers, including the ability to lay and collect taxes, regulate commerce, establish laws on naturalization and bankruptcies, and declare war. These powers are outlined in Article I, which also specifies the legislative branch's composition and the qualifications required for its members. However, it is important to note that the First Congress later adopted Amendment X, reserving powers not explicitly granted to the federal government for the states or the people. This highlights the limited nature of federal authority and emphasizes the distribution of powers in the US system of government.

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Powers of the Senate

The US Senate is governed by the Constitution, a set of standing rules, precedents, and special rules of procedure. The Constitution grants the Senate several unique functions, including the power to "check and balance" the powers of other elements of the federal government.

The Senate has the sole power to try all impeachments, serving as a jury and judge. It also has the power to elect a president pro tempore, who presides over the chamber in the vice president's absence. The Senate must also consent to all treaties with foreign governments, and it elects the vice president if no person gets a majority of electoral votes.

The Senate also has the power to approve, by a two-thirds vote, treaties made by the executive branch. It can amend or adopt changes to a treaty, but the president can enter into executive agreements that are not subject to Senate approval. Senate approval is required to pass any federal legislation.

The Senate also has the power to advise and consent to some of the president's government appointments. The Constitution provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, Ministers, Consuls, Judges of the Supreme Court, and all other Officers of the United States."

The Senate also has the power to expel its members for disorderly behaviour, with the concurrence of two-thirds of the members. It has a long history of using the filibuster to delay debate or block legislation.

Powers of the House of Representatives

The United States Congress is made up of the House of Representatives and the Senate. The House of Representatives is one of the two chambers of Congress and is part of the federal government's legislative branch. The House of Representatives is made up of 435 elected members, with each representative serving a two-year term. The number of representatives per state is proportional to the population. In addition, there are six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories.

The House of Representatives has several powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. They are responsible for making and passing federal laws, introducing bills and resolutions, offering amendments, and serving on committees. The House Committee on Oversight and Government Reform is devoted to overseeing and reforming government operations and conducts oversight through hearings.

The House of Representatives also has the power to regulate commerce with foreign nations and among the states, as well as with Indian tribes. They can establish uniform rules of naturalization and uniform laws on bankruptcy throughout the United States. Additionally, they have the power to promote the progress of science and useful arts by securing exclusive rights for authors and inventors.

The House of Representatives plays a crucial role in the legislative process and works closely with the Senate to enact legislation and carry out their constitutional duties.

Powers to regulate commerce

The Commerce Clause, outlined in Article 1, Section 8, Clause 3 of the US Constitution, grants Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This clause has been interpreted and applied in various ways throughout US history, shaping the balance of power between the federal government and the states in significant ways.

The original intent of the Commerce Clause was to address interstate trade barriers and enable the creation of a free trade zone among the states. It gave Congress the authority to regulate and even prohibit the trade, transportation, or movement of goods and people between states, foreign nations, and Indian tribes. Notably, it did not include the power to regulate the economic activities that produced these goods, such as manufacturing or agriculture.

The Commerce Clause has been used by Congress to justify exercising legislative power over state activities, particularly those impacting interstate commerce. This interpretation was expanded in 1937 with the NLRB v. Jones & Laughlin Steel Corp case, where the Supreme Court held that any activity with a "substantial economic effect" on interstate commerce could be regulated under the Commerce Clause. This broadened interpretation persisted until 1995, when the United States v. Lopez case prompted a return to a more conservative interpretation. In this case, the Supreme Court ruled that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.

The Dormant Commerce Clause is an important aspect of this clause, prohibiting states from passing legislation that discriminates against or excessively burdens interstate commerce. This ensures that states cannot implement protectionist policies that favour their own citizens or businesses at the expense of non-citizens conducting business within their borders. An example of this is the West Lynn Creamery Inc. v. Healy case, where the Supreme Court struck down a Massachusetts state tax on milk products as it impeded interstate commercial activity by discriminating against non-Massachusetts entities.

In summary, the Commerce Clause grants Congress significant power to regulate commerce, particularly interstate commerce, while also restricting states from impairing it. The interpretation and application of this clause have evolved over time, influencing the balance of power between the federal government and the states and shaping US economic policy.

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Powers to declare war

The US Constitution grants Congress the power to declare war. This power is outlined in Article I, Section 8, Clause 11 of the Constitution, which 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 Framers of the Constitution, who drafted the document, sought to improve the United States' ability to ensure its peace and security through military protection. The Declare War Clause was intended to limit presidential power, with key founders such as Alexander Hamilton, George Washington, and James Madison emphasising its importance in this regard. In the early conflicts of the nation, Congress's approval was thought to be necessary for war declarations, including the War of 1812 and the Quasi-War with France in 1798, both of which received formal declarations of war from Congress.

However, in modern times, the interpretation and application of the Declare War Clause have evolved. While Congress has the explicit power to declare war, Presidents have, on multiple occasions, used military force without formal declarations or express consent from Congress. For example, President Truman ordered US troops into Korea without a formal declaration of war, and President Obama argued that US participation in the 2011 bombing campaign in Libya did not require Congressional authorisation as it did not rise to the level of war in the constitutional sense.

The Declare War Clause remains a subject of debate, with questions surrounding the level of authorisation required from Congress for the use of military force, and the extent of the President's independent authority to deploy troops in situations that do not amount to war, such as peacekeeping missions.

Powers to raise revenue

The United States Congress is made up of the House of Representatives and the Senate. Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate.

Congress has the power to raise revenue by levying taxes, duties, imposts, and excises. According to Article I, Section 8, Clause 1 of the Constitution, "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". This power is often referred to as the "power of the purse".

The "power of the purse" is vested in the House of Representatives, which is considered to be the body that is more immediately representative of the people. According to Article I, Section 7, Clause 1 of the Constitution, "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". This is known as the Origination Clause. The House Appropriations Committee plays a key role in this process.

The power to raise revenue is an important check on executive authority. The American colonists' cry of "No taxation without representation!" referred to the injustice of being taxed by London without having a voice in Parliament. The Framers of the Constitution were influenced by their experiences with England, where the king had wide latitude over spending once money had been raised.

Congress also has the power to authorize borrowing if enough money cannot be raised through taxation to fund the government. In addition, Congress can mandate spending on specific items through "earmarks", which specify funds for a particular project rather than for a government agency.

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