Discretionary Powers

Definition

Discretionary powers refer to the authority and freedom given to Congress to make decisions and take action based on their judgment rather than being specifically mandated by the Constitution. These powers allow Congress to shape policies in areas not explicitly outlined in the Constitution.

Related terms

Enumerated Powers: Enumerated powers are specific powers granted explicitly by the Constitution to Congress, such as the power to tax or declare war.

Implied Powers: Implied powers are not explicitly stated in the Constitution but are derived from its necessary and proper clause. They give Congress flexibility in carrying out its enumerated powers.

War Powers Act: The War Powers Act is a federal law that limits the President's ability to commit U.S. troops into military actions without Congressional approval. It reflects a check on executive discretion in matters of war.