As the United States society has evolved throughout history, so has the American government and its respective institutions. Though the United States Constitution did allow for some leniency in interpretation by the legislative bodies, the Founding Fathers clearly displayed some of their essential expectations through the expressed powers provision (Article I, Section 8). Twenty-seven poweres are briefly addressed under this provision, and they, like most other constitution provisions, allow for evolution. Much as the Founding Fathers’ did in the constitution, the intent of this article is to again, briefly address and explain some of these powers in a simplistic manner.
The Power to Borrow: Congress is afforded the right to secure loans on behalf of the United States. While there isn’t an expressed maximum of how much Congress can borrow, Congress has enacted laws that limit the amount outstanding, so as to control the debt of the United States, and the limit amount constantly changes.
Bankruptcy: Congress is charged with responsibility of stipulating bankruptcy laws for both individuals and businesses. Until recently, bankruptcy laws were lenient, forbidding only state governments from declaring bankruptcy.
The Power to Tax: the United States Congress is given the right to tax goods, incomes, and so forth. Congress sometimes levies these taxes for a multitude of reasons, sometimes to generate revenue for the federal government’s operations and other times to help regulate and protect domestic markets. Congress does have limitations on its taxing power though, and as such they are forbidden to tax religious organizations; they cannot tax for private benefit; they cannot tax exports; and taxes cannot be discriminatory in nature.
The Commerce Power: Congress has the responsibility and right to regulate both domestic and foreign trade to ensure the safety and security of markets and the public good. Ultimately federal commerce regulations are superior to provincial regulations. The commerce power is the most broadly defined and evolved power of all, with only four explicit limitations: Congress cannot show favoritism to specific ports, it cannot tax exports, it cannot tax interstate trade, and the obselete slave trade provision.
The Currency Power: Congress, through the United States Treasury, can print/coin currency and control currency circulation. United States Treasury issued currency is legal tender and must be accepted for debt repayment within the United States.
The War Power: Congress is the sole decision-maker of whether to declare war. Additionally, it is in charge of funding and maintaining the Armed Forces, legislating military regulations, and the ability to call the National Guard to attention.
Foreign Relations Powers: Congress has the power to ensure national security, make foreign trade and relations agreements, utilize U.S. diplomacy, give economic and/or military aid, join alliances, and more.
Congress also has been afforded some other, often more rigidly defined powers.
The Postal Power: Congress has the right to establish and maintain a postal/mail system for the public. It is given the responsibility of maintaining postal regulations, as well as ensuring the continued efficiency of mail distribution.
Weights and Measures: Congress can set standards for measurements, time, et al, in which the United States is to abide by.
Copyrights and Patents: Congress has the right to ensure the exclusive rights of artists/inventors who produce an original work.
Naturalization: Congress is to control immigration policies of foreign aliens.
Judicial Powers: Congress has the right to create federal courts within the judiciary system, define federal crimes, as well as approve judicial nominees.
Power Over Territories: Congress has the power to annex, maintain, or get rid of federal territories. This includes both United States territories and foreign military installations. Cognress, by using eminent domain, can purchase land for the federal government, provided it serves public interest.
