Malcolm Rivera
The U.S. Constitution outlines the powers of the three branches of the federal government and the basic rights of the country's citizens. The first article of the Constitution establishes the legislative branch, or Congress, and outlines its powers, including the power to collect taxes, regulate commerce, and coin money. The Constitution also grants Congress the power to declare war, raise and support armies, and establish a rule of naturalization. The Senate, which is one half of Congress, has the power to try impeachments. The Tenth Amendment, added to the Constitution in 1791, clarifies that any powers not specifically granted to the federal government are reserved for the states or the people.
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What You'll Learn
The US Congress's powers
The US Constitution, in Article I, outlines the powers of the US Congress. This article describes the design of the legislative branch of the US government, which consists of the Senate and the House of Representatives.
The powers granted to Congress by the Constitution include the ability to:
- Lay and collect taxes, duties, imposts, and excises, ensuring uniformity across the US, to pay off debts and provide for the common defence and general welfare of the nation.
- Borrow money on the credit of the United States.
- Regulate commerce with foreign nations, among the states, and with Indian tribes.
- Establish a uniform rule of naturalization and uniform laws regarding bankruptcies.
- Coin money, regulate its value, and fix the standard of weights and measures.
- Provide for the punishment of counterfeiting of US securities and currency.
- Promote the progress of science and the arts by securing exclusive rights for authors and inventors over their writings and discoveries for limited times.
- Constitute tribunals inferior to the Supreme Court.
- Define and punish piracies and felonies committed on the high seas, as well as 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 a limit on the appropriation of money for this purpose to a term of two years.
- Provide for a militia.
- Regulate the migration or importation of persons into the US, with the ability to impose taxes or duties on such importation.
- Ensure the privilege of the writ of habeas corpus is not suspended, except in cases of rebellion or invasion where public safety is at risk.
- Prohibit the passing of any bill of attainder or ex post facto law.
- Ensure that no capitation or direct tax is laid without being in proportion to the census or enumeration.
- Regulate the process of electing Senators and Representatives, including the times, places, and manner of holding such elections.
Additionally, the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try all impeachments.
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The Senate's power to try impeachments
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" in Article I, Section 2. The Senate, on the other hand, has the "sole Power to try all impeachments" under Article I, Section 3, but a conviction requires a "Concurrence of two-thirds of the Members present." This means that the Senate serves as a High Court of Impeachment, evaluating evidence, hearing witnesses, and voting to either acquit or convict the accused official. A committee of representatives, known as "managers," acts as prosecutors before the Senate.
The president, vice president, and all civil officers of the United States are subject to impeachment. Impeachment charges can include "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" has been a subject of debate and has not been explicitly defined in the Constitution. It is important to note that impeachment is distinct from criminal prosecution, and conviction does not result in punishment. Instead, the penalty for an impeached official is removal from office, and in some cases, disqualification from holding public offices in the future.
The impeachment process is an essential component of the system of "checks and balances" in the United States government. It empowers Congress to hold federal officials accountable for their actions. Since 1789, about half of the Senate impeachment trials have resulted in conviction and removal from office. Notably, of the 21 impeachments, which include three presidents, one cabinet secretary, and one senator, only eight officials have been found guilty and removed from office, all of whom were federal judges.
The House of Representatives can initiate impeachment proceedings with a simple majority vote. Once impeachment is approved, the process moves to the Senate for trial. The chief justice of the United States presides over presidential impeachment trials. The Senate's role in trying impeachments is a critical aspect of the constitutional framework, ensuring accountability and upholding the rule of law.
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The federal government's powers
The US Constitution outlines the federal government's powers in Article I, Section 8. This section details the enumerated powers of Congress, which include the ability to:
- Lay and collect taxes, duties, imposts, and excises to fund the country's debts and provide for its common defence and general welfare. These duties and imposts must be uniform throughout the US.
- Borrow money on the credit of the US.
- Regulate commerce with foreign nations, among the states, and with Indian tribes.
- Establish uniform rules for naturalization and bankruptcy laws across the country.
- Coin money, regulate its value, and punish counterfeiting of US securities and currency.
- Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
- Raise and support armies, with appropriations for this purpose limited to two years.
- Promote the progress of science and the useful arts by granting authors and inventors exclusive rights to their writings and discoveries for a limited time.
- Define and punish piracies, felonies committed on the high seas, and offences against the law of nations.
- Make all laws necessary and proper for executing the powers vested by the Constitution in the US government or any of its departments or officers.
The Tenth Amendment to the Constitution, ratified in 1791, clarifies that any powers not specifically granted to the federal government are reserved for the states or the people. This amendment has been interpreted as a limit on the federal government's powers, emphasising its enumerated nature. Supreme Court decisions have invoked the Tenth Amendment to determine whether the federal government has overstepped its authority.
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State powers
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, clarifies that any powers not specifically given to the federal government nor prohibited by it to the states are reserved for the states or the people. This amendment was added to address concerns about the expanded powers of the new national government and protect state powers.
The Tenth Amendment states: "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." This amendment is similar to the Ninth Amendment, which focuses on inferences about the people's rights. The Tenth Amendment has been interpreted as a limitation on the federal government, specifying its powers and authority.
The Constitution recognises the powers of state governments, including traditional "police powers" in areas such as health, education, and welfare. While the concept of federalism is not explicitly mentioned in the Constitution, it is one of the most important and innovative concepts within it. Federalism refers to the balance of power between the federal government and state governments.
The Supremacy Clause in Article VI of the Constitution establishes the supremacy of federal law over state law. This clause was upheld in Gonzales v. Reich (2005), where the Supreme Court affirmed the federal government's power to regulate homegrown marijuana, despite state-level legalisation. The Commerce Clause, which grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," has also been interpreted broadly to allow for significant federal authority.
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Congress's power to organise militias
The Constitution of the United States grants Congress the power to organize, arm, and discipline the militia. This power is outlined in Article I, Section 8, Clause 16 of the Constitution, also known as the Militia Clause, and was established to bring the militia under federal control. The militia, previously an almost purely state institution, was to be organized into several classes of militias, including the National Guard.
The Militia Clause authorizes Congress to provide for organizing, arming, and disciplining the militia, and for governing the portion employed in the service of the United States. This includes the power to call forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. The states and Congress may prescribe penalties for failing to obey the President's call to action.
The Militia Act of 1903 defines two classes of militias in the United States: organized militias, consisting of the National Guard and Naval Militia, and unorganized militias, or reserve militias, comprising every able-bodied man aged 17 to 45 who is not a member of the National Guard or Naval Militia. The act also authorizes the President, in certain emergencies, to draft members of the National Guard and National Guard Reserve into military service for the duration of a war.
The Supreme Court has characterized Congress's power over the militia as unlimited, except in the specific areas of officer appointment and training, which are reserved for the states. This interpretation of Congress's authority over the militia was affirmed in the case of Gilligan v. Morgan (1973), which established that the Judiciary could not exercise oversight over the process of organizing and providing for the militia, as that authority is statutorily shared between Congress and the Executive.
The power to organize militias is just one of many enumerated powers granted to Congress in Article I, Section 8 of the Constitution. Other powers include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish uniform rules of naturalization and bankruptcy laws; and to raise and support armies. These powers, along with the power to organize militias, reflect the scope of Congress's authority in governing the United States.
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Frequently asked questions
Enumerated powers are specifically stated in the Constitution and include the power to lay and collect taxes, pay debts, borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy.
Implied powers are not explicitly mentioned in the Constitution but are inferred from the Necessary and Proper Clause (also known as the Elastic Clause or Sweeping Clause), which gives Congress the right 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".
Inherent powers are not listed in the Constitution but are assumed to be available to the government due to its existence and role.
The Tenth Amendment, ratified in 1791, clarifies that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. This amendment emphasizes the limited scope of the federal government and has been invoked in Supreme Court decisions to determine if the federal government has overstepped its authority.
In United States v. Alfonso D. Lopez, Jr. (1995), the Supreme Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional because the Constitution did not authorize them. This case limited the federal government's ability to enact policies through the Commerce Clause and highlighted the Tenth Amendment's role in defining the boundaries between federal and state authority.
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