Cecily Zamora
The Constitution of the United States grants powers and laws to the legislative branch of the US government, known as Congress. Congress consists of a Senate and a House of Representatives, with the House of Representatives composed of members chosen every second year by the people of the various states. The Constitution outlines the powers of Congress, including the ability to lay and collect taxes, regulate commerce, establish uniform laws, and provide for the common defence and general welfare of the nation. It is important to note that the Constitution also places limits on the power of Congress to protect individual liberty and prevent the abuse of power.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every second year by the people of the several states |
| Electors in each state | Qualifications requisite for electors of the most numerous branch of the state legislature |
| Representatives | Must be at least 25 years old, have been a citizen of the United States for at least 7 years, and be an inhabitant of the state in which they are chosen |
| Direct Taxes | Must be apportioned among the several states according to their respective numbers |
| Powers | To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defense and general welfare of the United States; to regulate commerce with foreign nations, among the several states, and with Indian tribes; to establish uniform rules of naturalization and uniform laws on bankruptcy; to constitute tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas and offenses against the law of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies (with a two-year limit on appropriations); to provide for calling forth the militia to execute the laws, suppress insurrections, and repel invasions; to provide for organizing, arming, and disciplining the militia; to make all laws necessary and proper for carrying into execution the foregoing powers |
| Commander-in-Chief | Authority granted to the President |
| Power to require written opinions | Granted to the President |
| Pardoning power | Granted to the President |
| Treaty-making power | Shared by the President and Congress |
| Appointment power | Shared by the President and Congress |
| Power to fill vacancies | Granted to the President during Senate recess |
| Power to convene or adjourn Congress | Granted to the President in extraordinary circumstances |
| Power to receive ambassadors and other public ministers | Granted to the President |
| Power to execute laws | Granted to the President |
| Powers of the Executive Officers | Rule-making, administrative determinations, and the filing of lawsuits |
| Powers of the President | To supervise and remove executive officials; to recognize foreign governments; to exclude aliens; to ensure laws are faithfully executed; to grant reprieves and pardons for offenses against the United States (except impeachment); to make treaties with the advice and consent of the Senate; to nominate and appoint ambassadors, ministers, consuls, judges, and other officers with the advice and consent of the Senate |
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What You'll Learn
Powers granted to Congress
The United States Constitution grants powers to Congress, which is the country's chief legislative body. Article I of the Constitution outlines most of the powers of Congress, including numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and constitutional amendments.
Congress has the power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States. However, all duties, imposts, and excises must be uniform throughout the country. Congress can also regulate commerce with foreign nations and among the states, as well as with Indian tribes.
Congress has the authority to establish uniform rules of naturalization and uniform laws on bankruptcy throughout the United States. It can also constitute tribunals inferior to the Supreme Court and define and punish piracies and felonies committed on the high seas, as well as offences against the law of nations.
Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also raise and support armies, but no appropriation of money for this purpose shall be for a longer term than two years. Congress has the authority to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. It can also organize, arm, and discipline the militia, while reserving the appointment of officers and the authority of training to the states.
Congress has the power to dispose of and make rules and regulations respecting the territory or other property belonging to the United States. Article V allows Congress to propose amendments to the Constitution and specify ratification by state legislature or conventions. The Twelfth Amendment gives Congress the power to choose the president or vice president if no one receives a majority of Electoral College votes. The Thirteenth, Fourteenth, and Fifteenth Amendments granted Congress the authority to enact legislation to enforce the rights of all citizens, regardless of race.
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Powers granted to the President
The US Constitution grants legislative powers to the Congress, which consists of a Senate and House of Representatives. The Constitution also outlines the powers of the President of the United States.
Article II of the Constitution grants powers to the President, including the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The President can also make treaties, which need to be ratified by two-thirds of the Senate.
The President is the sole repository of the executive powers of the United States, and has broad powers to manage national affairs and the priorities of the government. They can unilaterally issue rules, regulations, and instructions, including classified national security directives.
The President also has the power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions that expire at the end of the next session.
The degree of authority the Constitution grants to the President as commander-in-chief has been debated throughout US history. While Congress declares war, the President directs the war.
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Powers granted to the Senate
The US Constitution grants legislative powers to a Congress of the United States, which consists of a Senate and a House of Representatives. The Constitution outlines the powers granted to the Senate, which include:
- The Senate has the sole power to try all impeachments. When sitting for this purpose, its members are placed under oath or affirmation. When the President of the United States is tried, the Chief Justice presides, and no person can be convicted without the concurrence of at least two-thirds of members present.
- The Senate has the power to approve, by a two-thirds vote, treaties made by the executive branch. It can also amend or adopt changes to a treaty.
- The Senate has the power to review and approve or reject presidential appointees to executive and judicial branch posts.
- The Senate can expel one of its members with a two-thirds concurrence.
- The Senate can judge the qualifications of its members and settle contested elections.
- The Senate can shape US military policy through appropriations and oversight.
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Powers granted to the House of Representatives
The Constitution of the United States grants legislative powers to a Congress, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every two years by the people of the several states, and the electors in each state must have the qualifications requisite for electors of the most numerous branch of the state legislature.
The House of Representatives has several powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The House shares powers with the Senate, many of which are listed in Article I, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
The House of Representatives also has the power to approve appointments to the Vice Presidency and any treaty that involves foreign trade. The House must pass legislation by a majority vote, and if the President vetoes a bill, the House can override the veto by passing the bill again with at least two-thirds of the body voting in favor.
The House of Representatives also has extensive investigative powers and may compel the production of evidence or testimony. Refusal to cooperate with a Congressional subpoena can result in charges of contempt of Congress, which could result in a prison term.
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Powers granted to the Supreme Court
Article III of the US Constitution establishes the federal judiciary, vesting the judicial power of the United States in a "supreme Court". This article permits Congress to decide how to organise the Supreme Court, a power first exercised in the Judiciary Act of 1789, which created a Supreme Court with six justices.
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It hears cases that challenge the Constitution, interprets legislation, protects civil rights, deals with disputes between states, and presides over cases involving treaties.
One of the most important powers of the Supreme Court is judicial review, which allows the Court to declare a Legislative or Executive act as unconstitutional. This power was established in the case of Marbury v. Madison (1803), where the Court decided whether an Act of Congress or the Constitution was the supreme law of the land. The Court also has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Supreme Court also plays a crucial role in ensuring that each branch of the government recognises the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic governments by ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. It also has appellate jurisdiction on almost any other case involving constitutional or federal law, including cases where the United States is a party, cases involving treaties, and admiralty cases.
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Frequently asked questions
The Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises, and to regulate commerce with foreign nations and among the states. It also empowers Congress to establish uniform rules of naturalization and uniform laws on bankruptcy, and to make all laws necessary and proper for executing the powers vested in the US government.
The President is the Commander-in-Chief of the US Army, Navy, and Militia. They have the power to grant reprieves and pardons for offences against the US, except in cases of impeachment. The President can also fill up vacancies during the recess of the Senate, give information to Congress, and convene both Houses on extraordinary occasions.
A Representative must be at least 25 years old, have been a citizen of the US for at least seven years, and be an inhabitant of the state which they are chosen to represent.
The Vesting Clause (Article I, Section 1) vests "all legislative powers herein granted" in Congress. This has been interpreted as establishing a delegation doctrine, where Congress has supreme lawmaking authority, including the authority to delegate. However, this interpretation has been criticised for potentially reducing democratic accountability for policymaking.
