8.1 Powers and Limitations of Congress

Congress wields significant power through enumerated, implied, and inherent authorities. The Constitution grants Congress the ability to make laws necessary for executing its powers, but also imposes limits to prevent overreach and protect individual liberties.

The balance between congressional authority and limitations is crucial to the separation of powers. Key concepts like the Necessary and Proper Clause and federalism shape the scope of congressional power, influencing its ability to address national challenges while respecting state autonomy.

Congressional Powers

Enumerated Powers

• Listed explicitly in Article I, Section 8 of the Constitution
• Power to tax, borrow money, regulate commerce, and declare war
• Other enumerated powers include establishing post offices, coining money, and raising and supporting armies and navies

Implied and Inherent Powers

• Implied powers derived from enumerated powers and the Necessary and Proper Clause
  • Allow Congress to make laws necessary and proper for carrying out enumerated powers
• Inherent powers not explicitly stated but considered essential for government functioning
  • Power to regulate immigration and conduct foreign affairs
• Constitution grants Congress power to make necessary and proper laws for executing its powers and all other powers vested in the U.S. government

Limits on Congress

Bill of Rights and Subsequent Amendments

• First Amendment limits congressional power by protecting individual liberties
  • Freedom of speech, religion, and the press
• Tenth Amendment reserves powers not delegated to the federal government to states or people
  • Limits scope of congressional authority
• Fourteenth Amendment's Due Process and Equal Protection Clauses require fair and equal application of laws to all citizens
• Twenty-seventh Amendment prohibits laws changing congressional salaries from taking effect until after the next election of representatives

Other Limitations

• Separation of powers and checks and balances system limits congressional power
  • Prevents any one branch from becoming too powerful
• Judicial review allows Supreme Court to strike down laws as unconstitutional
• Federalism divides power between federal government and states, limiting congressional authority

Necessary and Proper Clause

Broad Interpretation and Application

• Also known as the Elastic Clause, grants Congress power to make necessary and proper laws for executing enumerated powers
• Supreme Court has interpreted the clause broadly
  • Allows laws rationally related to enumerated powers, even if connection not explicitly stated
• Used to justify creation of national bank, regulation of intrastate economic activities substantially affecting interstate commerce, and enactment of civil rights legislation

Expansion of Congressional Authority

• Necessary and Proper Clause has significantly expanded the scope of congressional power over time
• Allows Congress to adapt to changing circumstances and address new challenges
  • Regulation of new technologies (internet) and emerging threats (terrorism)
• Interpretation of the clause has been a source of ongoing debate and controversy
  • Some argue for a narrower reading to limit federal power and preserve state autonomy

Federalism and Congressional Power

Division of Power and Supremacy

• Federalism divides power between federal government and states, limiting congressional authority
• Supremacy Clause establishes Constitution, federal laws, and treaties as supreme law of the land
  • Preempts conflicting state laws
• Dual sovereignty allows both federal government and states to prosecute an individual for the same offense without violating Double Jeopardy Clause

Commerce Clause and Tenth Amendment

• Commerce Clause interpreted broadly to allow regulation of interstate commerce and intrastate economic activities substantially affecting interstate commerce
  • Expanded congressional power to regulate wide range of activities (labor, civil rights, environmental protection)
• Tenth Amendment interpreted to limit congressional power by prohibiting federal commandeering of state officials or compelling states to adopt specific policies
  • Preserves state autonomy and prevents federal overreach