Which can congress do under the expressed powers granted to it by the constitution?

The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I Section I 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”. The enumerated powers of Congress are laid in out in Section 8 of the Article I. The eighteen enumerated powers are explicitly stated in Article I, Section 8.

Enumerated Powers of Congress

  1. Power to tax and spend for the general welfare and the common defense.
  2. Power to borrow money.
  3. To regulate commerce with states, other nations, and Native American tribes.
  4. Establish citizenship naturalization laws and bankruptcy laws
  5. Coin money
  6. Power to punish counterfeiters of money and stocks
  7. Power to establish post offices and roads
  8. Power to regulate patents and copyrights
  9. Power to establish lower courts from the Supreme Court
  10. Power to establish piracy laws of the sea
  11. To declare war
  12. Power to raise and support Army
  13. Provide and maintain the Navy
  14. Make rules for the Government and regulation of naval forces
  15. Power to call a militia (National Guard today)
  16. Power of regulating a militia
  17. Power to govern the District of Columbia and properties for federal government purposes
  18. Authority to create laws that are necessary and proper to carry out the laws of the land (Necessary and Proper Clause)

Necessary and Proper Clause

Article I, Section 8, Clause 18 is known as the Necessary and Proper Clause which gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution. The Necessary and Proper clause has been up for interpretation since the writing of the Constitution. A Supreme Court case that challenged the clause was McCollough v. Maryland (1819). The court ruled that the Necessary and Proper clause gave Congress the implied power to create a second national bank in Maryland and the state could not tax the bank.

Another Congressional power that is explicitly stated in the Constitution was the impeachment powers in Article I, Section 2 and 3. Congress has the authority to impeach a sitting President in office. The impeachment process is as such, the House of Representatives brings articles of impeachment against the official and then the Senate is responsible for the impeachment trial. In order to impeach a sitting President, the Senate must vote two-thirds. Article III, Section 3 gives Congress the authority to decide on the punishment of treason.

In conclusion, the Founding Fathers explicitly stated the powers of Congress in the Constitution in order to solidify that the power of the government comes from the people. The Constitution is a protected document that has been interpreted since its writing. The powers of Congress were laid out in order to establish our government for the people, by the people.

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References

The Constitution of the United States: A Transcription. (2018, December 18). Retrieved February 27, 2019, from https://www.archives.gov/founding-docs/constitution-transcript

By: Angie Kirby, EKU Graduate Assistant              

One way to limit the power of the new Congress under the Constitution was to be specific about what it could do.  These enumerated, or listed, powers were contained in Article I, Section 8—the great laundry list of congressional chores.  These included: to lay and collect taxes; pay debts and 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.  But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers.  Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs.  For instance, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money.  Broad interpretation of the Elastic Clause has allowed expanded Congressional power.

Federalism content written by Linda R. Monk, Constitutional scholar

What can Congress do with expressed powers?

Among the express powers of Congress as defined in the Constitution are the power to lay and collect taxes, borrow money on the credit of the United States, regulate commerce, coin money, declare war, raise and support armies, and make all laws necessary for the execution of its powers.

What powers are granted to Congress in the Constitution?

The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

What part of the Constitution do the expressed powers given to Congress come from?

The Expressed Powers (also known as Enumerated Powers) are rights given to Congress to conduct governmental duties. Most of these powers are found in Article 1 Section 8 of the United States Constitution.

What powers are given to Congress by the Constitution quizlet?

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.