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.
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 was 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. 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. Earn your online bachelor’s degree from a regionally accredited university that has been an online education leader for more than 15 years. Complete the form to learn more about how you can earn your bachelor’s in political science and pick up in-demand emphasis areas and certificates along the way, giving yourself a competitive edge in the job market. Contact us today to get started. 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
Censure
 Article I, section 5, of the U.S. Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." Censure is a form of discipline used by the Senate against its members (sometimes referred to as condemnation or denouncement). A formal statement of disapproval, a censure does not remove a senator from office. Since 1789 the Senate has censured nine of its members. Contested Senate Elections
The United States Constitution gives each house of Congress the power to be the judge of the “elections, returns, and qualifications of its own members” (Article I, section 5). Since 1789 the Senate has carefully guarded this prerogative and has developed its own procedures for judging the qualifications of its members and settling contested elections. Declarations of War
The Constitution grants Congress the sole power to declare war. Congress has declared war on 11 occasions, including its first declaration of war with Great Britain in 1812. Congress approved its last formal declaration of war during World War II. Since that time it has agreed to resolutions authorizing the use of military force and continues to shape U.S. military policy through appropriations and oversight. Expulsion
Article I, section 5, of the U.S. Constitution provides that each house of Congress may "punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." Since 1789 the Senate has expelled only 15 members. Filibusters and Cloture
The Senate has a long history of using the filibuster—a term dating back to the 1850s in the United States—to delay debate or block legislation. Unlimited debate remained in place in the Senate until 1917, when the Senate adopted Rule 22 that allowed the Senate to end a debate with a two-thirds majority vote—a procedure known as "cloture." In 1975 the Senate reduced the number of votes required for cloture from two-thirds (67) to three-fifths (60) of the 100-member Senate. Impeachment
Under the Constitution, the House of Representatives has the power to impeach a government official, in effect serving as prosecutor. The Senate has the sole power to conduct impeachment trials, essentially serving as jury and judge. Since 1789 the Senate has tried 20 federal officials, including three presidents. Investigations
Congress has conducted investigations of malfeasance in the executive branch—and elsewhere in American society—since 1792. The need for congressional investigation remains a critical ingredient for restraining government and educating the public. Nominations
The Constitution provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States… (Article 2, Section 2)." The Senate has always jealously guarded its power to review and approve or reject presidential appointees to executive and judicial branch posts. Senate Rules
The Senate is governed by the Constitution, a set of standing rules, precedents established in the course of the legislative process, and special rules of procedure adopted by statute for particular types of legislation. These rules determine how bills and resolutions are moved towards passage, the structure of Senate committees, how debate proceeds on the chamber floor, and how members cast votes. Treaties
The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties made by the executive branch. The Senate has rejected relatively few of the hundreds of treaties it has considered, although many have died in committee or been withdrawn by the president. The Senate may also amend a treaty or adopt changes to a treaty. The president may also enter into executive agreements with foreign nations that are not subject to Senate approval. Voting
The Senate takes action on bills, resolutions, amendments, motions, nominations, and treaties by voting. Senators vote in a variety of ways, including roll call votes, voice votes, and unanimous consent.
Congress is one of three co-equal branches of the federal government, along with the judicial branch, represented by the courts, and the executive branch, represented by the presidency. The powers of the United States Congress are set forth in Article I, Section 8 of the United States Constitution. The constitutionally granted powers of Congress are further defined and interpreted by the rulings of the Supreme Court, and by its own rules, customs, and history. The powers explicitly defined by the Constitution are called the “enumerated powers." Other powers not specifically listed in Section 8, but assumed to exist, are called “implied powers." Not only does the Constitution define Congress' powers in relation to the judicial and executive branches, it also places limits on it concerning power delegated to the individual states. Of all the powers of Congress, none is more important than its enumerated power to make laws. Article I of the Constitution sets forth the powers of Congress in specific language. Section 8 states, "Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Laws aren't simply conjured out of thin air, of course. The legislative process is quite involved and designed to ensure proposed laws are given careful consideration. Any senator or representative may introduce a bill, after which it is referred to the appropriate legislative committee for hearings. The committee, in turn, debates the measure, possibly offering amendments, and then votes on it. If approved, the bill heads back to the chamber from which it came, where the full body will vote on it. Assuming lawmakers approve the measure, it will be sent to the other chamber for a vote. If the measure clears Congress, it is ready for the president's signature. But if each of the bodies approved differing legislation, it must be resolved in a joint congressional committee before being voted on again by both chambers. The legislation then goes to the White House, where the president may either sign it into law or veto it. Congress, in turn, has the power to override a presidential veto with a two-thirds majority in both chambers. Congress has the power to amend the Constitution, though this is a long and arduous process. Both chambers must approve the proposed constitutional amendment by a two-thirds majority, after which the measure is sent to the states. The amendment must then be approved by three-quarters of the state legislatures. Congress also has extensive powers over financial and budgetary issues. These include powers to:
The Sixteenth Amendment, ratified in 1913, extended Congress’ power of taxation to include income taxes. Its power of the purse is one of Congress' primary checks and balances on the actions of the executive branch. The power to raise and maintain armed forces is the responsibility of Congress, and it has the power to declare war. The Senate, but not the House of Representatives, has the power to approve treaties with foreign governments as well. Congress has officially declared war on 11 occasions, including its first declaration of war with Great Britain in 1812. Congress approved its last formal declaration of war on December 8, 1941, against the Empire of Japan in response to that country's surprise attack on Pearl Harbor. Since World War II, Congress has agreed to resolutions authorizing the use of military force (AUMF) and continues to shape U.S. military policy through defense-related spending appropriations and oversight. Historically, AUMFs have been far narrower in scope and much more limited than formal declarations of war, such as when Congress gave President John Adams clearance to protect American ships against French aggression in the Quasi-War of 1789 and Tripoli’s navy in 1802. More recently, however, AUMFs have become much broader, often granting presidents, under their authority as “Commander in Chief,” sweeping authority to deploy and engage America’s military around the world. In 1964, for example, as communist forces in Vietnam took increasingly militaristic actions against U.S. forces, Congress agreed to the Tonkin Gulf Resolution authorizing President Lyndon Johnson to “promote the maintenance of international peace and security in southeast Asia.” Although the concept of the AUMF has existed since the start of the Republic, the specific use of the term became commonplace in the 1990s during the Gulf War. Congress has the power to establish post offices and maintain postal infrastructure. It also appropriates funds for the judicial branch. Congress can establish other agencies to keep the country running smoothly as well. Bodies such as the Government Accountability Office and the National Mediation Board ensure the monetary appropriations and laws that Congress passes are applied properly. Congress can investigate pressing national issues. For example, it held hearings in the 1970s to investigate the Watergate burglary that ultimately ended the presidency of Richard Nixon. It is also charged with supervising and providing a balance for the executive and judicial branches. Each house has exclusive duties as well. The House can initiate laws that require people to pay taxes and can decide whether public officials should be tried if accused of a crime. Congressional representatives are elected to two-year terms, and the Speaker of the House is second in line to succeed the president after the vice president. The Senate is responsible for confirming presidential appointments of Cabinet members, federal judges, and foreign ambassadors. The Senate also tries any federal official accused of a crime, once the House determines that a trial is in order. Senators are elected to six-year terms; the vice president presides over the Senate and has the right to cast the deciding vote in the event of a tie. In addition to the explicit powers enumerated in Section 8 of the Constitution, Congress also has additional implied powers derived from the Necessary and Proper Clause of the Constitution, which permits it, “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Through the Supreme Court’s many interpretations of the Necessary and Proper Clause and the Commerce Clause—the enumerated power to regulate interstate commerce—such as McCulloch v Maryland, the true range of the lawmaking powers of Congress extends far beyond those enumerated in Section 8. Updated by Robert Longley |
What powers does Congress have?
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