Kara Sears
Article I of the U.S. Constitution establishes a Legislative Branch with a House and Senate, which together form the United States Congress. Article I also grants all legislative powers to Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Congress has the power to lay and collect taxes, raise and support armies, regulate commerce with foreign nations, and declare war, among other powers. While the President has the power to veto legislation, Congress may override a veto with a two-thirds vote in both the Senate and the House of Representatives.
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What You'll Learn
Congress's power to declare war
Congress has various powers to enact laws, as outlined in Article I, Section 8 of the US Constitution. This includes the power to lay and collect taxes, regulate commerce, and provide for the common defence.
The interpretation of the Declare War Clause has been a subject of significant disagreement, particularly regarding the relationship between Congress's power to declare war and the President's war powers under Article II of the Constitution. The first draft of the Constitution considered in 1787 would have given Congress the power to "make war", but this was changed to "declare" to ensure the President could repel sudden attacks. Under Congress's interpretation, the President may introduce troops into hostile circumstances if Congress has declared war, authorised the use of force, or in cases of a national emergency.
Congress's approval was thought necessary for the War of 1812 and other early conflicts, including the Quasi-War with France in 1798 and conflicts with Native American tribes. However, in modern times, Presidents have used military force without formal declarations or express consent from Congress, such as in Vietnam and Libya. The Declare War Clause's limit on presidential war-making is a broad authority, with Congress empowered to pursue the war effort by all legitimate means if war is declared. This includes statutes concerning the military, foreign trade, energy, communications, and alien enemies.
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Congress's investigative powers
The investigative powers of Congress include the authority to initiate investigations, hold hearings, gather documents and testimony from witnesses, and compel compliance with congressional requests through subpoenas. Congressional committees can issue subpoenas, requiring witnesses to testify, and hold them in contempt if they fail to comply. This power was affirmed in the Supreme Court case of McGrain v. Daugherty in 1927, which also established that witnesses who lie before a congressional committee can be convicted of perjury.
While Congress's investigative powers are broad, they are limited to matters within its legislative jurisdiction. The Supreme Court has clarified that neither house of Congress has a general power to inquire into the private affairs of citizens. Instead, their inquiries must relate to areas where Congress has the authority to take legislative action.
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Congress's authority to raise and support armies
Congress has the power to raise and support armies, as outlined in Article I, Section 8 of the U.S. Constitution. This power serves as a check on the president's authority as commander-in-chief, ensuring that the legislature has control over the president's ability to wage war. The Framers of the Constitution were cautious of granting the president excessive control over the military, and so they allocated these powers to Congress.
The authority to raise and support armies includes the ability to conscript manpower for military service, as upheld by the Supreme Court in cases such as United States v. O'Brien. The Court has also affirmed that the federal government's power to raise and maintain armies takes precedence over states' rights to maintain militias.
Congress is responsible for funding the military through the annual approval of a budget for the Department of Defense. This funding mechanism further acts as a check on the president's war powers, as it allows the will of the governed to influence any war effort. While the president can veto the budget, Congress can, in turn, override this veto with a two-thirds majority in both chambers.
The power to raise and support armies is not unlimited, however. The Constitution stipulates that "no Appropriation of Money to that Use shall be for a longer Term than two Years". This limitation, included by the Framers, was prompted by a fear of standing armies and aimed to prevent the executive branch from unilaterally committing to long-term military expenditures.
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Congress's power to regulate commerce
The US Constitution grants Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This is known as the Commerce Clause, and it is one of the most fundamental powers delegated to Congress. The Commerce Clause has been interpreted to mean that Congress can regulate "every species of commercial intercourse".
The interpretation of the Commerce Clause has been a source of long and intense political controversy, with legal scholars and jurists debating the extent and nature of Congress's power to regulate commerce. Some argue that "commerce" refers simply to trade or exchange, while others claim that the framers of the Constitution intended to describe commercial and social intercourse more broadly.
The Supreme Court's decision in Gibbons v. Ogden in 1824 was the first major case to interpret congressional power under the Commerce Clause. The Court held that the power to regulate commerce included the regulation of interstate commercial maritime routes and that this power was complete in itself, acknowledging no limitations other than those prescribed in the Constitution. However, the Court also determined that the regulation of matters wholly confined within a state, such as inspection and health laws, cannot be regulated by Congress.
In the 20th century, the Court began to recognise broader grounds upon which the Commerce Clause could be used to regulate state activity. In NLRB v. Jones & Laughlin Steel Corp in 1937, the Supreme Court held that an activity was considered commerce if it had a "substantial economic effect" on interstate commerce or if the "cumulative effect" of one act could impact such commerce. From this decision until 1995, the Supreme Court did not invalidate a single law on the basis of overstepping the Commerce Clause’s grant of power.
However, in United States v. Lopez in 1995, the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by returning to a more conservative interpretation. The defendant argued that the federal government had no authority to regulate firearms in local schools, while the government claimed that this fell under the Commerce Clause as possession of a firearm in a school zone would affect general economic conditions. The Supreme Court rejected the government's argument, holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and action that substantially affects interstate commerce.
The Commerce Clause is also the source of federal drug prohibition laws under the Controlled Substances Act. In Gonzales v. Raich in 2005, the Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause. The Court found that there could be an indirect effect on interstate commerce, even if no goods were sold or transported across state lines.
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Congress's power to collect taxes
Congress has the power to collect taxes as outlined in Article I, Section 8, Clause 1 of the United States Constitution, also known as the Taxing and Spending Clause. This clause grants Congress the authority to "lay and collect Taxes, Duties, Imposts and Excises". The power to tax is shared by the federal government and individual states, and is considered essential to the effective administration of government.
The Taxing Clause was established to address the shortcomings of the Articles of Confederation, which did not give Congress the power to tax individuals directly, resulting in an inability to adequately fund the national government. The Framers of the Constitution agreed that Congress must have the authority to assess, levy, and collect taxes independently, without assistance from the states.
The power of Congress to levy taxes is subject to a few limitations and qualifications. Direct taxes must be apportioned, and all duties, imposts, and excises shall be uniform throughout the United States. The scope of Congress's taxing power has been curtailed by judicial decisions, particularly regarding the manner, objects, and subject matter of taxation.
The Sixteenth Amendment, ratified in 1913, further clarified Congress's power to lay and collect taxes on income, regardless of its source, without apportionment among the states. This amendment was upheld by the Supreme Court in Brushaber v. Union Pacific Railroad in 1916, confirming the constitutionality of income taxes.
Congress has employed its taxing power for various purposes beyond revenue generation, such as regulatory taxation, prohibitive taxation, and incentivizing state governments to adopt federal policies. The ability to tax and spend the revenues is essential for Congress to meet its objectives and govern effectively.
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Frequently asked questions
Yes, Congress has the sole authority to enact legislation. Article I of the U.S. Constitution grants all legislative powers to Congress, which consists of the House of Representatives and the Senate.
The President has the power to veto legislation, which can affect the content of bills passed by Congress. It is rare for a law to be enacted over a presidential veto. Congress may override a veto, but it requires a two-thirds majority in both the House and the Senate.
Both the House and the Senate have their own rules and procedures for processing legislation. The House generally allows a numerical majority to process legislation quickly, while the Senate's rules favour deliberation and provide individual Senators with procedural leverage. For a law to be enacted, both chambers must agree to the same bill, in the same form.
Congress has 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; to define and punish piracies and felonies committed on the high seas; to declare war; to raise and support armies; and to provide for the calling and organisation of the militia.
