The Us Constitution's Longest Section

The U.S. Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. Article One, Section 9, has been noted to list eight specific limits on congressional power. This section has been interpreted by the Supreme Court to allow Congress to enact legislation beyond the enumerated powers and limitations outlined in the Constitution. The Fourteenth Amendment, for example, expanded protections of the Constitution by granting citizenship to former slaves and limiting state power over citizens' privileges, liberties, and equal protection under the law. The Sixteenth Amendment, on the other hand, removed constraints on Congressional power to tax income. These amendments, along with many others, showcase the dynamic nature of the U.S. Constitution, where sections and subsections can be interpreted and amended to adapt to the evolving needs of the nation.

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Limits on congressional power

Article I, Section 8 of the US Constitution outlines the powers granted to Congress, along with certain limitations on those powers. This section, known as the Necessary and Proper Clause, authorises Congress to:

• Lay and collect taxes, duties, imposts, and excises to fund the government and provide for the common defence and general welfare of the nation.
• Regulate commerce with foreign nations, among the states, and with the Indian tribes.
• Establish uniform rules for naturalisation and bankruptcy laws.
• Create and enforce laws to secure intellectual property rights for authors and inventors.
• Define and punish crimes committed on the high seas and offences against the law of nations.
• Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
• Raise and support armies, with appropriations limited to a term of two years.
• Provide for the militia to execute laws, suppress insurrections, and repel invasions.

However, the First and Fifth Amendments of the Constitution place significant limitations on Congress's investigative powers. For example, the D.C. Circuit has ruled that the Sixth Amendment's criminal procedural guarantees, such as the right to present evidence and confront accusers, do not apply in congressional investigations due to their investigative nature. Additionally, the Fifth Amendment's privilege against self-incrimination protects witnesses appearing before congressional committees from providing incriminating evidence that could be used against them in future criminal proceedings.

The Bill of Rights, including the aforementioned amendments, applies to all forms of governmental action, including congressional investigations. This means that Congress must respect the constitutional rights of witnesses and adhere to applicable constitutional restrictions during its inquiries. As seen in Watkins v. United States (1957), Congress must exercise its investigative powers within the boundaries set by the Constitution.

Prohibition of federal income tax

The Prohibition of federal income tax is addressed in the Sixteenth Amendment to the United States Constitution, which was passed by Congress in 1909 and ratified in 1913. This amendment established Congress's right to impose a federal income tax without apportioning it among the states based on population.

Prior to the Sixteenth Amendment, the Constitution contained constraints that limited the power of Congress to lay and collect taxes on income. Specifically, Article 1, Section 9, Clause 4 required that taxes on income be apportioned among the states according to population. This apportionment requirement was overturned by the Sixteenth Amendment, which authorized a direct non-apportioned income tax.

The Sixteenth Amendment was proposed by President William Howard Taft in an address to Congress on June 16, 1909. He proposed a two percent federal income tax on corporations and a constitutional amendment to allow the previously enacted income tax. The amendment was first introduced as Senate Joint Resolution No. 40 by Senator Nelson W. Aldrich of Rhode Island, the Senate Majority Leader, and Finance Committee Chairman.

The Revenue Act of 1913, which greatly lowered tariffs and implemented a federal income tax, was enacted shortly after the ratification of the Sixteenth Amendment. However, due to generous exemptions and deductions, less than 1% of the population paid income taxes at a rate of only 1% of net income in 1913. Despite this, the Sixteenth Amendment has had far-reaching social and economic impacts and has greatly expanded the scope of federal taxing and spending.

War powers

The US Constitution's Article I, Section 8, Clause 11, also known as the War Powers Clause, grants Congress the power to declare war. This clause also empowers Congress to issue letters of marque and reprisal, which authorise private citizens to capture or destroy enemy property, and to make rules concerning captures of enemy property on land or at sea.

Article I, Section 8, also gives Congress the power to define and punish offences against the law of nations, raise and support armies, establish and maintain a navy, make rules for the armed forces, provide for calling forth the Militia, and provide for organising, arming, and disciplining, the Militia, and for governing the militia when in service of the United States.

Article II, Section 2 of the Constitution grants the President the power to direct the military after a Congressional declaration of war. This power is titled Commander-in-Chief of the armed forces. The President is required to communicate to Congress the committal of troops within 48 hours, and to remove all troops after 60 days if Congress has not granted an extension.

While the Declare War Clause limits the President's ability to initiate military force without Congressional approval, there is debate about the extent of this limitation. While most agree that the President cannot declare war without Congress, there is more contention about whether the President can initiate military force without a formal declaration of war. Some argue that the President can use military force without a formal declaration, as long as Congress has authorised the use of force in some way, such as through approval of military spending or assent by congressional leaders.

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Army funding

The US Constitution is divided into four sections, including an introductory paragraph. Article 1, Section 8, Clause 12 of the US Constitution enumerates Congress's powers, including the ability to declare war and raise and support armies. However, no appropriation of money for this purpose shall be for a longer term than two years. This limitation was inserted due to the fear of standing armies and to prevent a concentration of power in the executive branch. The power to raise and fund armies acts as a check on the president's commander-in-chief powers, ensuring that the will of the governed plays a role in any war effort.

The Constitution gives Congress the responsibility to fund the military, and Congress approves a military budget for the Department of Defense every year. The president can veto the budget, but Congress controls funding, which limits the president's ability to wage war. This distribution of powers reflects the framers' intention to create a balance between a strong national government and the preservation of individual liberties.

The framers' experience with the English monarchy and the American Revolution influenced their decision to vest war powers in Congress. They sought to prevent the president from having excessive control over the military and to ensure that the legislature had several checks on the president's power as commander-in-chief. This allocation of powers aimed to protect against the potential corruption that can come with concentrated authority.

The power to raise and support armies is not solely vested in Congress, as the Supreme Court has held that the states have renounced their right to interfere with national policy in this area. However, the primary authority rests with Congress, allowing for centralized decision-making in matters of national defence.

The funding of the army is a critical aspect of the US Constitution, with specific provisions in place to ensure a balance of powers and protect against potential abuses of authority. The framers' historical context and concerns about standing armies influenced the structure of these provisions, resulting in the current system where Congress plays a central role in funding and declaring war.

Presidential term limits

The Twenty-Second Amendment of the US Constitution sets out presidential term limits. This amendment bars any individual from being elected to the office of the President more than twice. Furthermore, no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.

However, this amendment does not apply to any person holding the office of President when the amendment was proposed by Congress. Additionally, it does not prevent anyone who is holding the office of President during the term in which the amendment becomes operative from holding the office of President or acting as President during the remainder of such a term.

The Twenty-Second Amendment was proposed by the House Judiciary Committee and was ratified by three-fourths of the state legislatures. It is important to note that this amendment only bars the election of two-term Presidents, and does not prevent someone who has twice been elected President from later succeeding to the office after being elected or appointed Vice President.

The Twenty-Second Amendment ensures that no individual can serve as President indefinitely and helps to promote a democratic rotation of leadership in the United States.

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