What are the following power of Congress?

After reading this section, you should be able to answer the following questions:

1. What are the powers of Congress as enumerated in the US Constitution?
2. What powers are reserved specifically for the House of Representatives, and what powers are held by the Senate alone?
3. What is the Constitution’s elastic clause, and how is it used to expand the powers of Congress?

The institution of Congress is responsible for carrying out the legislative duties of the federal government. The powers of Congress are enumerated in Article I of the Constitution. The founders established Congress in Article I, Section 1, which states, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” By instituting Congress in the first article of the Constitution the founders asserted their belief that the legislative branch should be the chief policymaking body. They preferred a government with power vested in the legislature, which they considered most representative of the people, rather than one where the executive was preeminent. They associated the executive branch with the British monarchy, which they had fought against in the Revolutionary War, so they relegated the presidency to the second article of the Constitution. As James Madison wrote in Federalist No. 51, “In a republican government, the legislative authority necessarily predominates” (Rossiter, 1961).

Congress was granted tremendous political power by the founders. These powers are listed primarily in Article I, Section 8, of the Constitution, which states that Congress has broad discretion to “provide for the common defense and general welfare of the United States.” To achieve this end, Congress has the authority to make and implement laws.

The Constitution lists a number of specific powers entrusted to Congress. These include responsibility for the nation’s budget and commerce, such as the power to lay and collect taxes, to pay the debts, to regulate commerce with foreign nations and among the states, to coin money, and to establish post offices. Congress is assigned the power to declare war and to raise an army and navy. Congress has the right to propose amendments to the Constitution and to create new states.

Figure 12.1 Constitutional Powers of Congress

Certain powers are granted specifically to the House, such as the power to initiate all tax and spending bills. While the Senate cannot propose such bills, it can accept, reject, or amend them. The Senate has certain authority not vested in the House. High-level presidential nominees, such as cabinet officers, Supreme Court justices, and ambassadors, must gain Senate approval. The Senate also must concur in treaties with foreign countries.

The final paragraph of Article I, Section 8, grants to Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This provision is known as the elastic clause because it is used to expand the powers of Congress, especially when national laws come into conflict with state laws. Legislation making it a federal crime to transport a kidnapped person across state lines was justified on the basis that the elastic clause allowed Congress to apply its power to regulate commerce in this situation. The reach of congressional power is explored on the website of the University of Missouri–Kansas City Law School.

Article I of the Constitution establishes Congress as the legislative branch of government with broad powers to provide for the “common defense and general welfare of the United States,” along with specific powers in important areas of domestic and foreign affairs. Certain powers, such as the ability to initiate taxing and spending bills, rest exclusively with the House of Representatives. Other powers, including the approval of presidential appointments, lie solely with the Senate. The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.

References

Rossiter, C., ed., “Federalist 51,” in The Federalist, Alexander Hamilton, James Madison, and John Jay (New York: Mentor, 1961), 322.

The framers of the Constitution intended Congress to be the preeminent branch of government, sitting at the center of national power. As a result, Congress wields significant but limited power.

Powers Granted by the Constitution

The Constitution enumerates some powers that Congress has but also specifies some powers that Congress does not have.

Enumerated

Enumerated powers, or the expressed powers, are powers the Constitution explicitly grants to Congress, including the power to declare war and levy taxes.

Implied Powers

Article I, Section 8, of the Constitution also contains the necessary and proper clause, or the elastic clause, which gives Congress extra powers. As interpreted by the Supreme Court in McCulloch v. Maryland (1819), this clause means that Congress can assume other powers and pass laws in order to fulfill its duties. The powers granted by the necessary and proper clause are called implied powers.

Limits on Congress

Article I, Section 9, of the Constitution places three important limits on Congress and its powers. Congress cannot

• pass ex post facto laws, which outlaw acts after they have already been committed.
• pass bills of attainder, which punish individuals outside of the court system.
• suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes. Congress can only suspend the writ of habeas corpus during times of national emergency.

Power in a Bicameral Legislature

The House of Representatives and the Senate must jointly decide to exercise most of the powers granted to Congress. When Congress declares war, for example, both houses must pass the exact same declaration. Similarly, both houses must pass identical versions of the same law before the law can take effect. There are some exceptions, however, in which the House and the Senate wield power alone.

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After reading this section, you should be able to answer the following questions:

1. What are the powers of Congress as enumerated in the US Constitution?
2. What powers are reserved specifically for the House of Representatives, and what powers are held by the Senate alone?
3. What is the Constitution’s elastic clause, and how is it used to expand the powers of Congress?

The institution of Congress is responsible for carrying out the legislative duties of the federal government. The powers of Congress are enumerated in Article I of the ConstitutionThe article that enumerates the powers of Congress.. The founders established Congress in Article I, Section 1, which states, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” By instituting Congress in the first article of the Constitution the founders asserted their belief that the legislative branch should be the chief policymaking body. They preferred a government with power vested in the legislature, which they considered most representative of the people, rather than one where the executive was preeminent. They associated the executive branch with the British monarchy, which they had fought against in the Revolutionary War, so they relegated the presidency to the second article of the Constitution. As James Madison wrote in Federalist No. 51, “In a republican government, the legislative authority necessarily predominates.”

Congress was granted tremendous political power by the founders. These powers are listed primarily in Article I, Section 8, of the Constitution, which states that Congress has broad discretion to “provide for the common defense and general welfare of the United States.” To achieve this end, Congress has the authority to make and implement laws.

The Constitution lists a number of specific powers entrusted to Congress. These include responsibility for the nation’s budget and commerce, such as the power to lay and collect taxes, to pay the debts, to regulate commerce with foreign nations and among the states, to coin money, and to establish post offices. Congress is assigned the power to declare war and to raise an army and navy. Congress has the right to propose amendments to the Constitution and to create new states.

Figure 12.1 Constitutional Powers of Congress

Certain powers are granted specifically to the House, such as the power to initiate all tax and spending bills. While the Senate cannot propose such bills, it can accept, reject, or amend them. The Senate has certain authority not vested in the House. High-level presidential nominees, such as cabinet officers, Supreme Court justices, and ambassadors, must gain Senate approval. The Senate also must concur in treaties with foreign countries.

The final paragraph of Article I, Section 8, grants to Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This provision is known as the elastic clauseThe constitutional provision that Congress shall make all laws that are “necessary and proper” for executing their powers, which has been used to expand its authority; also known as the “necessary and proper” clause. because it is used to expand the powers of Congress, especially when national laws come into conflict with state laws. Legislation making it a federal crime to transport a kidnapped person across state lines was justified on the basis that the elastic clause allowed Congress to apply its power to regulate commerce in this situation. The reach of congressional power is explored on the website of the University of Missouri–Kansas City Law School.

Article I of the Constitution establishes Congress as the legislative branch of government with broad powers to provide for the “common defense and general welfare of the United States,” along with specific powers in important areas of domestic and foreign affairs. Certain powers, such as the ability to initiate taxing and spending bills, rest exclusively with the House of Representatives. Other powers, including the approval of presidential appointments, lie solely with the Senate. The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.

Exercises

1. What are the advantages of making Congress the chief policymaking body? What might the disadvantages be?
2. What are the limits of congressional power? How do the powers of the House and Senate differ?