Section 8. Powers Granted to Congress
1. Revenue
Taxes must be levied at the same rate throughout the nation.
2. Borrowing
The federal government borrows money by issuing bonds or credit on the United States. (Deficit Spending)
3. Commerce
Congress regulates foreign and interstate commerce.
4. Naturalization and Bankruptcy
Naturalization refers to the procedure by which a citizen of a foreign nation becomes a citizen of the United States as well as
imposing uniform laws for bankruptcy in the United States.
5. Currency
Control over currency is exclusively reserved for the federal government.
6. Counterfeiting
Congress shall have the authority to issue penalties for the forging of American currency.
7. Post Office
Congress is given the sole authority to establish post offices and post roads.
8. Copyrights and Patents
Congress has the right to pass copyrights and patents laws.
9. Courts
Congress may establish a federal court system inferior to the U.S. Supreme Court.
10. Piracy
Congress protects American ships on the high seas.
11. Declare War
Congress has the sole authority to declare war but may pass resolutions granting the power to wage war to the President.
12. Raise and maintain an Army
13. Raise and maintain a Navy
14. Rules for the Armed Forces
Congress may pass regulations that deal with military discipline.
15. Militia
The Militia is now called the National Guard which is organized by the States.
16. National Guard
Congress has the right to pass laws governing the National Guard’s behavior.
17. Nation’s Capital
This clause gives Congress the right to make laws for Washington, D.C. and to create our federal city.
18. Elastic Clause
This is the so-called Elastic clause of the Constitution. The necessary and proper laws must be related to one of the 17 enumerated
or stated powers.
Section 9. Powers Denied to the National Government
1. Slave Trade
Congress could not ban the slave trade before 1808.
2. Habeas Corpus
A writ of habeas corpus requires a law official to bring a prisoner to court and show cause for holding the prisoner. The writ may be
suspended only during wartime.
3. Bills of Attainder
Congress cannot pass any bill of attainder or ex post facto laws. A bill of attainder is a bill that punishes a person without a jury trial
and an ex post facto law is a law that makes an act a crime after the act has been committed.
4. Direct Taxes
Congress was initially forbid from collected taxes directly from Americans. However, the 16th Amendment gave Congress the
ability to pass an income tax.
5. Tax on Exports
Congress may not tax goods that move from one state to another.
6. Uniformity of Treatment
Congress may not favor one state or region over another. However, since all money bills must originate in the House of
Representatives, it is possible for this to happen if a large state or geographic region can get together on an issue.
7. Appropriation Law
All of the President’s expenditures must be made with the permission of Congress.
8. Titles of Nobility
This clause prevents the development of a nobility in the United States.