The Powers of Congress I.
Powers Given to Congress •
At the Constitutional Convention (held in Philadelphia in 1787), the Framers needed to decide what powers to give to Congress (the national government), and which powers should be left to the states. They used the Preamble (opening section of the Constitution) to give them guidance. Powers granted to Congress are designed to: 1) Promote the General Welfare Congress has the power to regulate commerce between the states and between the United States and foreign countries. They also have the power to collect taxes and to borrow money. Once they have raised money (from taxes or loans), it is also the job of Congress to decide how to spend it. Congress is in charge of passing the federal budget, which is a detailed plan for raising and spending money. 2) Provide for the Common Defense Congress has the power to establish and maintain a national military. It is also Congress’ responsibility to declare war. However, the United States has not officially declared war since 1941 (World War II). Presidents and Congress continue to debate how and when troops may be sent into action without a formal declaration of war. The Vietnam War, Persian Gulf War, and the wars in Iraq and Afghanistan were not formally declared. There is currently much controversy over President Obama’s authorization of the use of military force in Libya. 3) Establish Justice Congress establishes the federal courts. Judges appointed to the federal courts must be approved by the Senate. Congress also has the power to impeach federal officials, including the president. In an impeachment proceeding, the House of Representatives acts as the prosecution and the Senate acts as the jury. Two presidents, Andrew Johnson in 1868 and Bill Clinton in 1998, have been impeached, but neither was convicted. 4) Unlisted Powers II.
The Constitution also contains a section called the “elastic clause.” This allows Congress to make all laws “necessary and proper” to carry out its listed powers. Because this phrase is so vague, it has often resulted in political controversy. 5) Nonlegislative Powers The Constitution gives Congress a variety of important powers not related to lawmaking. For example, Congress has the power to conduct investigations and to oversee how the executive branch is enforcing laws. Limits on the Powers of Congress The Constitution not only spells out the powers of Congress, but it also places strict limits on those powers. Limits on Congress are designed to protect the rights of citizens. Article I, section 9 of the Constitution places certain limits on the powers of Congress, as does the Bill of Rights (first 10 amendments).