Jonah Patel
The US Constitution establishes a federalist system with powers divided between the national government and the states, with Congress only able to exercise powers granted to it by the Constitution. These powers are known as enumerated powers and are mostly found in Article I, Section 8. Examples include the power to regulate immigration and naturalization, coin money, and regulate commerce. However, Congress has found ways to indirectly influence matters not under its direct authority, such as setting a national minimum drinking age, by using its power to tax and provide conditional grants to states. This blend of enumerated and implied powers has resulted in a national government with significant influence, even on issues traditionally considered local or state-level concerns.
| Characteristics | Values |
|---|---|
| Powers of Congress | Enumerated powers include the power to regulate immigration and naturalization, coin money and regulate currency, establish post offices, and grant patents and copyrights to promote science and the arts |
| Implied powers are not specifically stated in the Constitution but may be inferred from the Necessary and Proper Clause (Clause 8) | |
| Inherent powers are not specifically listed in the Constitution but grow out of the existence of the national government | |
| Legislative Powers | All legislative powers are vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| The House of Representatives is composed of members chosen every second year by the people of the several states | |
| Congress can exercise only the powers granted to it by the Constitution, mostly in Article I, Section 8 |
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What You'll Learn
Implied powers
The United States Constitution created a federalist system with powers divided between the national government and the states. Congress can exercise powers granted to it by the Constitution, mostly in Article I, Section 8. However, implied powers are those that are assumed by the United States government but are not explicitly stated in the Constitution. They are considered "necessary and proper" to carry out the powers that are specified.
The concept of implied powers is based on the Necessary and Proper Clause (also known as the Elastic Clause) in Article I, Section 8, Clause 18, which states that Congress has the power:
> "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause grants Congress the ability to make laws that are not specifically outlined in the Constitution but are assumed to be necessary to implement the 27 powers named in Article I. These laws are often controversial and hotly debated, as they are open to interpretation and can be seen as infringing upon state or individual rights. For example, the use of a draft to raise an army before the US entered World War II was not directly provided for in the Constitution, but it was implied by Congress's established power to create an army. Similarly, the creation of the First Bank of the United States in 1791 was justified by Alexander Hamilton as necessary for the “general welfare of the nation," despite not being directly authorised by the Constitution.
Another example of implied powers in action was during the Louisiana Purchase in 1803. Thomas Jefferson sent James Monroe to France to negotiate the purchase of French territory in North America, with a spending limit of $10 million. However, Monroe agreed to purchase the entire territory for $15 million, far exceeding his authorised budget. It was not clear whether Jefferson had the legal authority to negotiate the price without Congressional approval, but the notion of implied powers was offered and accepted as justification for completing the deal.
In summary, implied powers are those that are assumed by Congress but not explicitly stated in the Constitution. They are derived from the Necessary and Proper Clause in Article I, Section 8, which allows Congress to make laws necessary to carry out its specified powers. While these powers give Congress flexibility to address unforeseeable situations, they are also controversial due to their open interpretation and potential infringement on state or individual rights.
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Inherent powers
The US Constitution grants the federal government and Congress certain powers, which are either enumerated or implied. Enumerated powers are those that are specifically listed in the Constitution, such as the power to declare war, regulate commerce, and raise an army. On the other hand, implied powers are those that are not explicitly stated but are assumed to be necessary to carry out the enumerated powers.
Beyond these enumerated and implied powers, the Supreme Court has also recognized inherent powers of the government. These are powers that are assumed for every country and are not explicitly granted in the Constitution. Inherent powers are derived from the nature of government or sovereignty and are independent of any authorizing power. In other words, they are "authority possessed without it being derived from another".
The inherent powers of the president, for example, are derived from the Vesting Clause in Article II, Section 1 of the Constitution, which states that "the executive Power shall be vested in a President". While the Vesting Clause may seem to grant the president unlimited power, presidential actions based on inherent powers are subject to review by the Supreme Court.
Throughout history, presidents have exercised their inherent powers on several occasions. For instance, in 1793, President George Washington invoked his inherent powers when he declared that the United States would remain neutral in the war between France and Great Britain. Similarly, in 1991, President George H.W. Bush deployed US troops to Saudi Arabia and the Persian Gulf region without Congressional authorization in response to Iraq's invasion of Kuwait.
In conclusion, inherent powers are those that are assumed to be inherent to the government in its role as sovereign and are not explicitly granted in the Constitution. While the president does possess inherent powers, their actions based on these powers are subject to judicial review to ensure they are within the scope of their constitutional authority.
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Congress's power to tax
The Taxing Clause provides Congress with broad authority 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 subject to only one exception and two qualifications. The exception is that articles exported from any state may not be taxed. The qualifications are that direct taxes must be levied by the rule of apportionment, and indirect taxes by the rule of uniformity.
Historically, the National Government struggled to raise revenue through state requisitions, which inhibited its ability to address fiscal issues such as repaying Revolutionary War debts. The inclusion of the Taxing Clause in the Constitution granted Congress the explicit power to levy and collect taxes, overcoming the limitations of the Articles of Confederation.
The power to tax allows Congress to fund American necessities, such as welfare aid and military expenditures, and grants it substantial influence over state policies. For example, Congress can use conditional grants to induce states to enact laws that it is not directly authorised to implement. This dynamic highlights the complex interplay between federal and state authorities in the US system of government.
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The President's role
The US Constitution establishes a federalist system with powers divided between the national government and the states. The Constitution grants Congress enumerated powers, which are outlined primarily in Article I, Section 8. These powers include the ability to tax, regulate interstate and foreign commerce, declare war, and raise and regulate military forces.
Additionally, the President takes an oath to "faithfully execute the Office of President of the United States" and to "preserve, protect and defend the Constitution of the United States." This oath underscores the importance of the President's role in upholding the nation's laws and principles.
While the Constitution primarily focuses on enumerating the powers of Congress, it also outlines certain checks and balances that involve the President. For example, the President can approve or veto laws passed by Congress, with Congress then having the power to override a veto with a two-thirds majority vote. This system of checks and balances aims to prevent any one branch of government from becoming too powerful.
Furthermore, the President's role in appointing federal judges, including Supreme Court justices, has a significant impact on the interpretation and enforcement of constitutional principles. These appointments are subject to the advice and consent of the Senate, again highlighting the system of checks and balances in place.
In conclusion, while the US Constitution primarily enumerates the powers of Congress, it also outlines the critical role of the President in executing those powers, upholding the Constitution, and maintaining a balance between the branches of government. The President's responsibilities and authorities, as outlined in the Constitution, form the foundation of the executive branch's function within the federalist system.
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Federalism and state powers
Federalism is a system of government where the same territory is controlled by two levels of government. In the United States, the Constitution establishes a system of "dual sovereignty", with the national government responsible for broader governance of larger territorial areas, and smaller subdivisions, states, and cities governing issues of local concern.
The Constitution sets out all of the federal government's powers, with any powers not specifically delegated to the federal government being reserved for the states. This is known as "Enumerated Powers Federalism". The Tenth Amendment further clarifies this, stating that "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". The Tenth Amendment has been used to both expand and limit the federal government's authority and has been central to debates between federal and state power.
The national government was conceived as one of limited and enumerated powers, with the states retaining some sovereignty. The Framers sought to preserve liberty by dividing power between the federal and state governments. This allowed the separate governments to check each other, preventing one government from having complete jurisdiction over all the concerns of public life. The states' power to check the national government is particularly important when the national government violates its enumerated powers.
The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to stretch its enumerated powers to make all laws "necessary and proper" to carry out its objectives. For example, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause, Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.
The Supremacy Clause in Article VI of the Constitution establishes federal law as superior to state law. However, the federal government does not have unlimited authority or power over the states, and the Constitution does not give it unlimited authority over the states.
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Frequently asked questions
Enumerated powers are the powers granted to Congress by the US Constitution, mostly in Article I, Section 8. These include the power to tax, regulate immigration and naturalization, coin money, and declare war.
Congress can encourage states to enact laws that it is not authorized to by using money, in the form of conditional grants to the states. For example, Congress has no power to regulate the minimum drinking age, but it has effectively set a national minimum drinking age of 21 by making it a condition of highway funding to states.
Some powers that are not specifically listed in the Constitution but may be inferred are known as implied powers. For example, the Necessary and Proper Clause (Clause 8) gives Congress the right to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and other powers vested in the Government of the United States."
