Questions about Congress?

Question

1) What are some of the key powers of Congress?

2)Why were these powers given to Congress and not the President?

3)Under the Constitution and Bill of Rights, what things may Congress NOT do?

Thanks guys.

Answer 1

1. Key Constitutional Grants  

of Powers to Congress

Article I, Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;  

To borrow Money on the credit of the United States;  

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;  

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;  

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;  

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;  

To establish Post Offices and post Roads;  

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;

To constitute Tribunals inferior to the supreme Court;  

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;  

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;  

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;  

To provide and maintain a Navy;  

To make Rules for the Government and Regulation of the land and naval Forces;  

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;  

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;  

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for  the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And  

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.  

Article IV, Section 3

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.  

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.  

Amendment XVI

(Ratified February 3, 1913.)

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.  

2. Safeguard against Tyranny

3. Infringe upon rights guarateed in the Bill Of Rights;  Freedom of Religion, Free Speech, Bear Arms, Freedom of The Press, etc.  See Below:

Amendments

First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Second Amendment – Right to keep and bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.

Third Amendment – Protection from quartering of troops.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Seventh Amendment – Civil trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment – Powers of states and people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Answer 2

All of Congresses powers are listed under Article l of the Constitution. Congress may make the laws of the USA. That

is THEIR # 1 JOB. Everything else is important but not as

important as law making. other powers.

  

1.Check under Article 1 Section 8 for a list of expressed      

   powers. These are powers found word for word. There are

  over 20 powers listed. Some are create an army, have a

  navy, coin money, control foreign trade, control interstate

trade, create a post office, levy taxes, control copyrights and

patents, make treaties with foreign powers, approve

presidential appointments, impeach judges, impeach

presidents etc look up the Article for more.

2. The 2nd area of powers are called implied powers or

     " necessary and proper". These are powers based on

      expressed powers. Like if you have a military then you

     can build bases for them . This gives the government a lot

      more power than just having those powers that are found

     word for word in the Constitution. many states use to

     argue this, the Civil War cleared that up, a little. An

    example of this would be the creation of the Air Force. Not

    mentioned in the original constitution but it exists now.

    other examples would be Civil Rights laws and Labor

    working laws, both are based on the Commerce.

  3. The 3rd area of laws are inherent powers or those

      powers all sovereign nations have. Examples of those are

      regulation of a nation's borders, annex or cede territory,

      immigration laws, stop internal rebellions, and to take

      care of treason.

    The 2nd part of your question deals with the Separation of

      Powers and Checks and Balances. The president carries

      out the laws of Congress, as he defines them. They,

     president, may not agree with Congress on how to carry

     out a law but he cannot make a law up himself because all

     3 Branches of government, legislature, executive, and

     judicial or courts, have certain powers the other 2

    Branches may not interfere with. This keeps them

    separate and equal so as to make surt that no 1 branch

    grows to powerful.

  The 3rd part of your answert is in the Bill of Rights

  1st Amendment -- Congress may not establish an official

   church for the USA.

   5th Amendment- Congress may not seize your property for government use without paying you for it. (emminent domain).

    

Other bans. Neither the President nor Congress may:

   They may not suspend habeas corpus without the approval

    of the president and only during invasion or rebellion.

   They may also not stop a state from recieving it's 2 Senator

   representation  in the Congress.

  Hope this helps you .

   Packers.

Answer 3

1. levy taxes, declare war, maintain an army, foreign commerce (overseas), treaties to name a few.

2. because they affect the whole country and the consent of more than one person is needed. if the consent of one person was needed, then they would be given to the president.

3. congress cant get involved in state affairs.

hope this helps some