Choose one of the expressed powers of Congress and explain why it is important

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

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
 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. 

What is an expressed power of Congress and why is it important?

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 is the most important expressed powers of Congress?

The Constitution specifically grants Congress its most important power — the authority to make laws. A bill, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form.

What are the 3 most important expressed powers of Congress?

The most important powers include the power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace.

What are 10 expressed powers of Congress?

Expressed Powers of Congress.
Lay and collect taxes to provide for the common defense and general welfare of the people..
Borrow money..
Regulate interstate commerce..
Coin money..
Establish post offices and roads..
Promote the progress of science and the arts..
Pass naturalization laws (determine how people become citizens).