🏛️Congress Unit 2 – Powers of Congress: Constitutional Basis

Constitutional Foundation

• The U.S. Constitution establishes the legislative branch, known as Congress, which consists of the House of Representatives and the Senate
• Article I, Section 1 of the Constitution grants all legislative powers to Congress, making it the primary law-making body in the federal government
• The Constitution outlines specific powers granted to Congress, known as enumerated or expressed powers, in Article I, Section 8
• The Constitution also places limits on Congressional power through the system of checks and balances, ensuring no single branch becomes too powerful
• The Tenth Amendment reserves powers not delegated to the federal government to the states or the people, further limiting Congressional authority
• The Constitution's framework allows for the evolution of Congressional power through constitutional amendments, judicial interpretation, and historical precedent
• The Necessary and Proper Clause in Article I, Section 8, also known as the Elastic Clause, grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers

Types of Congressional Powers

• Expressed powers are those explicitly stated in the Constitution, such as the power to regulate commerce, coin money, and declare war
• Implied powers are derived from the Necessary and Proper Clause, allowing Congress to make laws that are necessary and proper for carrying out its expressed powers
• Inherent powers are those that are not explicitly stated in the Constitution but are considered essential for the functioning of the federal government, such as the power to regulate immigration and conduct foreign affairs
• Concurrent powers are those shared by both the federal government and state governments, such as the power to collect taxes and establish courts
• Reserved powers are those not granted to the federal government by the Constitution and are instead reserved for the states or the people, as stated in the Tenth Amendment
• The Commerce Clause grants Congress the power to regulate interstate and international trade, which has been broadly interpreted to include many aspects of the economy
• The Taxing and Spending Clause allows Congress to levy taxes and spend money for the general welfare of the nation, providing a basis for many federal programs and initiatives

Expressed Powers

• The power to lay and collect taxes, duties, imposts, and excises to pay debts and provide for the common defense and general welfare of the United States (Article I, Section 8, Clause 1)
• The power to borrow money on the credit of the United States (Article I, Section 8, Clause 2)
• The power to regulate commerce with foreign nations, among the several states, and with Native American tribes (Article I, Section 8, Clause 3)
• The power to establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States (Article I, Section 8, Clause 4)
• The power to coin money, regulate its value, and fix the standard of weights and measures (Article I, Section 8, Clause 5)
• The power to provide for the punishment of counterfeiting the securities and current coin of the United States (Article I, Section 8, Clause 6)
• The power to establish post offices and post roads (Article I, Section 8, Clause 7)
• The power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries (Article I, Section 8, Clause 8)

Implied Powers

• Implied powers are derived from the Necessary and Proper Clause, also known as the Elastic Clause, in Article I, Section 8 of the Constitution
• This clause grants Congress the authority to make laws that are necessary and proper for carrying out its enumerated powers
• The concept of implied powers allows Congress to adapt to changing circumstances and address issues not specifically mentioned in the Constitution
• Examples of implied powers include the creation of a national bank, the regulation of interstate commerce, and the establishment of a military draft
• The Supreme Court has played a crucial role in interpreting the scope of implied powers, often expanding Congressional authority through broad interpretations of the Necessary and Proper Clause
  • In McCulloch v. Maryland (1819), the Court upheld Congress's power to establish a national bank as a necessary and proper means of carrying out its enumerated powers
  • In Gibbons v. Ogden (1824), the Court interpreted the Commerce Clause broadly, establishing Congress's power to regulate interstate commerce
• Critics argue that an expansive interpretation of implied powers can lead to an overreach of federal authority and encroach upon states' rights
• Supporters contend that implied powers are essential for Congress to effectively address national issues and adapt to changing needs

Limits on Congressional Authority

• The Constitution places several limits on Congressional power to prevent the abuse of authority and protect individual rights
• The system of checks and balances distributes power among the three branches of government, allowing each branch to limit the power of the others
  • The President can veto legislation passed by Congress, and Congress can override a veto with a two-thirds majority in both houses
  • The Supreme Court can declare laws unconstitutional through the power of judicial review
• The Bill of Rights, comprising the first ten amendments to the Constitution, protects individual liberties and places limits on government power
  • The First Amendment protects freedom of speech, religion, press, assembly, and petition, preventing Congress from making laws that infringe upon these rights
  • The Fourth Amendment protects against unreasonable searches and seizures, requiring probable cause and warrants for government intrusion
• Federalism divides power between the federal government and state governments, with the Tenth Amendment reserving powers not delegated to the federal government to the states or the people
• The principle of separation of powers prevents any single branch from becoming too powerful by dividing authority among the legislative, executive, and judicial branches
• The Constitution prohibits Congress from passing bills of attainder (laws that punish individuals without a trial) and ex post facto laws (laws that retroactively criminalize conduct)
• The Fourteenth Amendment's Equal Protection Clause prohibits Congress from making laws that discriminate against individuals based on race, gender, or other protected characteristics

Evolution of Congressional Power

• The scope of Congressional power has evolved over time through constitutional amendments, judicial interpretation, and historical precedent
• The Thirteenth, Fourteenth, and Fifteenth Amendments, passed after the Civil War, expanded Congressional authority to protect civil rights and ensure equal protection under the law
• The Sixteenth Amendment, ratified in 1913, granted Congress the power to levy an income tax, significantly increasing its ability to raise revenue and fund federal programs
• The Seventeenth Amendment, ratified in 1913, established the direct election of Senators by popular vote, making the Senate more responsive to the will of the people
• The New Deal era of the 1930s saw a significant expansion of Congressional power, with the Supreme Court upholding broad interpretations of the Commerce Clause and the Necessary and Proper Clause
  • In NLRB v. Jones & Laughlin Steel Corp. (1937), the Court upheld the National Labor Relations Act, recognizing Congress's power to regulate labor relations under the Commerce Clause
  • In Wickard v. Filburn (1942), the Court held that Congress could regulate local economic activities that, in aggregate, have a substantial effect on interstate commerce
• The Civil Rights Act of 1964 and the Voting Rights Act of 1965 demonstrated Congress's power to address racial discrimination and protect voting rights under the Fourteenth and Fifteenth Amendments
• The War Powers Resolution of 1973 sought to limit the President's ability to commit U.S. forces to armed conflict without Congressional approval, asserting Congress's role in declaring war
• In recent decades, debates have arisen over the extent of Congressional power in areas such as healthcare, environmental regulation, and national security, with the Supreme Court playing a crucial role in interpreting the boundaries of Congressional authority

Key Supreme Court Cases

• Marbury v. Madison (1803): Established the principle of judicial review, allowing the Supreme Court to declare laws unconstitutional and interpret the limits of Congressional power
• McCulloch v. Maryland (1819): Upheld Congress's power to establish a national bank under the Necessary and Proper Clause, broadly interpreting implied powers
• Gibbons v. Ogden (1824): Interpreted the Commerce Clause broadly, establishing Congress's power to regulate interstate commerce and navigation
• United States v. E.C. Knight Co. (1895): Limited the scope of the Commerce Clause, distinguishing between manufacturing and commerce and restricting Congress's ability to regulate monopolies
• NLRB v. Jones & Laughlin Steel Corp. (1937): Upheld the National Labor Relations Act, recognizing Congress's power to regulate labor relations under the Commerce Clause
• United States v. Darby (1941): Upheld the Fair Labor Standards Act, affirming Congress's power to regulate working conditions and minimum wages under the Commerce Clause
• Wickard v. Filburn (1942): Expanded the scope of the Commerce Clause, holding that Congress could regulate local economic activities that, in aggregate, have a substantial effect on interstate commerce
• Heart of Atlanta Motel v. United States (1964): Upheld the Civil Rights Act of 1964, affirming Congress's power to prohibit racial discrimination in public accommodations under the Commerce Clause
• South Dakota v. Dole (1987): Upheld Congress's power to condition federal highway funds on states raising their minimum drinking age, recognizing the Spending Clause as a means of influencing state policy
• United States v. Lopez (1995): Struck down the Gun-Free School Zones Act, limiting the scope of the Commerce Clause and emphasizing the distinction between local and national issues

Modern Interpretations and Debates

• The scope of Congressional power remains a subject of ongoing debate, with differing interpretations of the Constitution and the role of the federal government
• Federalism and states' rights continue to be important issues, with some arguing for a more limited federal government and greater autonomy for states
• The Affordable Care Act (ACA) sparked debates over Congress's power to require individuals to purchase health insurance under the Commerce Clause and the Taxing and Spending Clause
  • In National Federation of Independent Business v. Sebelius (2012), the Supreme Court upheld the ACA's individual mandate as a valid exercise of Congress's taxing power but rejected the Commerce Clause justification
• Environmental regulation has been a contentious issue, with debates over Congress's authority to regulate greenhouse gas emissions and protect endangered species
  • In Massachusetts v. EPA (2007), the Supreme Court held that the Environmental Protection Agency has the authority to regulate greenhouse gas emissions under the Clean Air Act
• National security and the balance between liberty and security have been ongoing concerns, with debates over Congress's role in authorizing military action and overseeing intelligence activities
  • The USA PATRIOT Act, passed after the September 11, 2001 terrorist attacks, expanded government surveillance powers and raised concerns about civil liberties
• The confirmation process for federal judges, particularly Supreme Court justices, has become increasingly politicized, with Congress's role in providing advice and consent under scrutiny
• Debates over the filibuster and other Senate rules have highlighted tensions between majority rule and minority rights, with some arguing for reforms to enhance Congressional productivity and accountability
• The COVID-19 pandemic has raised questions about Congress's power to address public health emergencies and provide economic relief, with debates over the scope and duration of federal interventions