=The Powers of Congress.=—The powers of Congress, as the lawmaking
branch of the national government, are set forth in eighteen clauses of
the federal constitution. Hence it is customary to speak of the
“eighteen powers of Congress”, although there are in fact more than
eighteen separate powers, as anyone will find if he takes the trouble to
count them. These powers may be conveniently grouped together under
eight heads: (1) _financial_, the power to levy taxes and to borrow
money; (2) _commercial_, the power to regulate commerce with foreign
nations and among the several states; (3) _military_, the power to
declare war, to raise and support armies, to maintain a navy, and to
provide for organizing, arming, and calling forth the state militia; (4)
_monetary_, the power to coin money, to regulate the value thereof, and
to protect the currency against counterfeiting; (5) _postal_, the power
to establish post-offices and post roads; (6) _judicial_, the power to
constitute tribunals subordinate to the Supreme Court; (7)
_miscellaneous_, including powers in relation to bankruptcy,
naturalization, patents, copyrights, and the government of the national
capital; (8) _supplementary_, the power to make all laws which may be
found “necessary and proper for carrying into execution the foregoing
powers”. This is a rather tedious classification of congressional
powers, but the section which enumerates these powers is, by all odds,
the most important part of the whole constitution and no one can claim
to know much about the government of the United States unless he
understands, at least in a general way, what these eighteen clauses
express and imply.
[Sidenote: Express and implied powers.]
It will be noted that all the powers except the last are _express_
powers, that is, they are conveyed to Congress in so many words. The
last is a grant of _implied_ authority, in other words it is a provision
for supplementing the express powers. Where Congress has the express
right to tax, to borrow, to regulate interstate commerce, to raise and
support armies, or to coin money, it has the implied right to make
whatever laws may be “necessary and proper” to carry its express powers
into full operation. Having the express power to borrow money, Congress
may therefore establish a system of banks if this is needed to render
more easy the operations of borrowing. Having the express power to
support armies, it may place almost any sort of restriction upon
industry in war time. By the implied powers clause of the constitution
the authority of Congress is given great elasticity.
Public-domain text, read in full here on John Shaqi.
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