American Government

Sections: Introduction | Section 1 | Section 2 | Section 3 | Section 4

Government : The Legislative Branch : Section Two Powers of Congress Congress has three specific types of powers: Expressed powers – these are the powers stated, or expressed, within Article I, Section 8 of the Constitution. Implied powers – these are powers that are not written in the Constitution, but are necessary in order for Congress to carry out its expressed powers. Inherent powers – these are general powers held by all national governments. They include things such as the power to pass laws, declare war and regulate immigration. The expressed powers were those that the founders felt were important to specifically give to Congress. Recall that the national legislature under the Articles of Confederation was very weak. The founders wanted to be sure that the new Congress would have the power it needed to do the job it was required to do. Powers listed in Article I, Section 8 of the Constitution include: Taxing Taxes make up the largest part of the government’s income. Taxes are a charge that the government requires people to pay, and the money is used to pay for government/public expenses. The Constitution states that taxes are to be used “to pay the debts, and provide for the common defence and general welfare of the United States.”  Taxes are used to pay for the operating expenses of the government, including social programs and the upkeep of national property. The federal government requires individuals to pay an income tax, and the percentage they pay is based on how much money they make. States often use sales taxes, and local communities use property taxes, in order to fund their projects and pay their expenses. Borrowing money The Constitution grants Congress the right to “borrow money on the credit of the United States.”  Because the government spends more money than it makes, it must borrow money to make up the difference. One way that the government borrows money is through selling savings bonds, treasury bills and treasury notes. Anytime you purchase one of these, you are actually loaning to the government. They promise to pay you back with interest after a specified period of time. The money that the government owes at any given time is referred to as the national debt. The national debt has soared in recent decades, and is well into the trillions of dollars. Although Congress attempted to stop the debt from growing by creating a “debt ceiling,” or an amount that is the maximum debt the nation can have, bills have been passed to increase the debt ceiling over time. Regulating commerce with other nations and between states The Constitution gives Congress its commerce powers by stating that they can “regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”  The Supreme Court has interpreted this power not just as buying and selling, but also as transporting goods from one location to another. Congress uses the commerce clause of the Constitution to justify many different actions. The Supreme Court has interpreted this clause in the same way as Congress, and has allowed them these rights. Money powers Congress has the right to control the manufacturing of coins and paper money in the United States. They are involved in decisions regarding how much money to print, as well. Congress also has the power to “establish uniform laws on the subject of bankruptcies.” When a person is unable to pay his/her bills and debts, that individual is considered bankrupt. For a person to declare bankruptcy is a legal process and it requires individuals to evaluate their debts and find ways to pay off as many as possible. Creating post offices and post roads Congress has the authority to establish post offices and postal roads in the United States. This was more necessary during the time when the nation was first being created, but it still falls under the realm of Congressional powers. Issuing patents and copyrights The Constitution also gives Congress the power to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  A copyright is an author’s right to exclusively publish or sell his/her own work. A patent allows an inventor the sole right to make and sell their creations. Creating standards of weights and measures Congress also has the power to “fix the standard of weights and measures.”  This is important because it assures us as citizens that all states will use the same standards. This assures, for example, that a 5 pound bag of sugar in Iowa weighs the same as a 5 pound bag of sugar in Florida. Establishing lower courts This is part of the system of checks and balances. Congress has the right to establish federal courts that are lower than the Supreme Court. Though the necessary and proper clause, Congress has exercised the power to decide what constitutes a federal crime and what punishments can be given for committing such crimes. Defense and Military Powers Several of the powers listed in Article I, Section 8 involve defense and military issues. Some of these powers are shared with the president. For example, only Congress has the official right to declare war, however the president has the authority as Commander-in-Chief of the military, to send troops to various places for military action. Congress is also granted other powers by other parts of the Constitution. For example, Article IV discusses how new states are to be admitted to the union. Congress is involved in this process. Congress also is involved in making amendments to the Constitution. This is included in Article V of the Constitution. Congress also has powers related to the election of the president and vice president. In the event of a tie, or if no candidate receives a majority of electoral votes, Congress is called on to decide the results of the race. The House of Representatives then elects the new president from the top five vote-getters in the presidential race. The Senate selects the vice president if no candidate has a majority of votes. This process exists so that there is no interruption in the service of our government. A disputed election can take time to resolve and interrupt the actions of the government and stop important things from being done in a timely manner. Another power of Congress is granted under the Elastic Clause. You will recall that this clause is also called the “Necessary and Proper Clause.” The Constitution states that Congress has the power to make “all laws which shall be necessary and proper for carrying into execution” its other Constitutional powers. This clause allows Congress to stretch its power beyond what is specifically stated in the Constitution. The Supreme Court has also interpreted this clause broadly, meaning that they have allowed Congress to have this wide authority over many different issues. Congress also has the power to regulate federal lands. This includes the power to acquire, sell or manage lands to be used for things such as post offices, prisons and parks. They may also acquire land by eminent domain. This is the power to take privately owned land for public use. The owner must be financially compensated when this happens. Another power of Congress is its oversight power. Committees consisting of members of both houses of Congress are assigned this task. They are responsible for watching over the actions of the Executive Branch of government to make sure these actions are appropriate. Congress has the right to conduct investigations into inappropriate actions, and also must approve certain presidential appointments, such as judges. This allows Congress a say in whether the president’s choice is a good one or not. Congress can also hold hearings, similar to a court proceeding, and require individuals to testify by issuing a subpoena. Those who refuse to testify can be held in contempt of Congress, and those who give false testimony are charged with perjury. Congress has other powers such as making decisions regarding how immigrants can become American citizens, and creating federal laws. Congress also has the power of impeachment. This is the process through which charges are brought against a federal official and he/she may be removed from office if found guilty. Two presidents have been impeached (Bill Clinton and Andrew Johnson), however neither was found guilty and thus they were not removed from office. In the process of impeachment, the House of Representatives brings up the charges and the Senate holds the trial. The Constitution also puts specific limits on the powers of Congress. Article I, Section 8 lists these limits. Congress cannot, for example, grant titles of nobility. They are also limited by the Tenth Amendment, which states that all powers not specifically given to the federal government by the Constitution are reserved for the states.  View this presentation about the powers of Congress.  Before taking the section quiz, let’s play a game to test your understanding of the powers of Congress.  Now it’s time to take the Section 2 quiz. When you are finished, proceed to section 3. Go to next section

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