Art I Ãâ§8 Cl 14 Government and Regulation Clause
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Article 1, Section 8 of the Constitution
Article one, Section 8
Clause 1. The Congress shall have Ability To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the The states; but all Duties, Imposts and Excises shall be compatible throughout the United States;
The very outset ability given to Congress by the Constitution is the ability to tax. Money is power, and in the governmental structure created by the Constitution, Congress—not the president—controls the money. Congress also has the power to levy tariffs (taxes on imported goods) merely it's not allowed to charge more for imports into one state than into another. The Framers of the Constitution probably put the revenue enhancement power first on the list of Congress'due south enumerated powers because they were acutely aware that one of the biggest issues of the quondam Articles of Confederation was that its version of Congress did non have the ability to revenue enhancement, and thus didn't have the ability to do much of anything at all.
Clause two. To borrow Money on the credit of the U.s.;
Congress is allowed to get into debt to pay for government programs and services. Deficit spending past the government was fairly rare in peacetime through much of American history, but has been quite common in recent decades.
Clause iii. To regulate Commerce with strange Nations, and among the several States, and with the Indian Tribes;
Congress has the power to impose regulations on interstate and international business. This "interstate commerce clause" has been quite controversial in the history of constitutional law; for a long fourth dimension, judges tended to read the clause narrowly, overturning federal laws they deemed focused mainly on regulating economic activity within states rather than between them. Since the 1930s, however, judges have tended to read the clause broadly, allowing the government to regulate all kinds of economic activity—by setting a national minimum wage, for instance.
Clause 4. To found an compatible Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United states of america;
Another clause that seems to join two things that take little in common. Get-go, Congress has the power to set up a procedure for immigrants to become American citizens. (The idea that America is a "nation of immigrants" is thus embedded right in the Constitution.) Second, Congress has the power to prepare rules for hopelessly indebted people and businesses to declare bankruptcy. In 2005, Congress used that power to change bankruptcy police force; information technology'due south now much harder for individuals to escape credit carte debts by declaring bankruptcy.
Clause 5. To money Coin, regulate the Value thereof, and of strange Coin, and ready the Standard of Weights and Measures;
Congress controls the minting of coin and (theoretically) sets its value. In practise, the cosmos of the Federal Reserve Bank in 1913 transferred about of the power over setting the value of the dollar to the Fed. Congress as well gets to set up standards of weights and measures; in the 1970s, this became controversial, as traditionalists in Congress blocked President Jimmy Carter'southward attempts to begin a switchover to the metric system.
Clause 6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United states of america;
Printers of funny money beware!
Clause 7.To establish Post Offices and post Roads;
For near of the first century of American independence, the Mail service Office was by far the largest and most of import organization within the federal government. Congress has the power to fix up Mail Offices and to build roads connecting them.
Clause 8. To promote the Progress of Scientific discipline and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Congress has the ability to set up a system of copyrights and patents, granting creative people the exclusive right to sell their creations.
Clause 9. To constitute Tribunals inferior to the supreme Courtroom;
This means that Congress has the power to gear up lower-level federal courts that written report to the Supreme Court. That courtroom system has grown over fourth dimension; today there are twelve circuit Courts of Appeals, plus 94 federal District Courts, plus dozens of other special courts.
Clause 10. To define and punish Piracies and Felonies committed on the loftier Seas, and Offences against the Law of Nations;
Congress has the power to punish pirates. Amazingly, after a period of hundreds of years when piracy seemed to exist a matter of the past, in 2009 piracy once again became a hot topic when Somali pirates began targeting merchant ships off the Horn of Africa.
Clause eleven. To declare State of war, grant Letters of Marque and Reprisal, and make Rules apropos Captures on Land and Water;
This clause grants Congress one of its most of import powers: the ability to declare war. Congress, and only Congress, can officially do so. (The President tin can't!) This clause also grants Congress one of its more bizarre powers: the power to rent pirates to attack the nation's enemies. (That'due south what a "Letter of Marque" is... a letter that gives a pirate official permission to do his thing in the name of the national interest. Avast, ye mateys!)
Clause 12. To raise and support Armies, but no Cribbing of Coin to that Utilize shall be for a longer Term than two Years;
The Founding Fathers were really worried about the danger of continuing armies, the kind of permanent professional military that had, they felt, been used by the British monarchy to oppress them before the Revolution. So they carefully divided the power to control the military between the executive and legislative branches; the president is Commander-in-Primary but only Congress has the potency to pay (or not pay) for military actions. Further, Congress cannot fund military operations more than than 2 years in the future.
Clause 13. To provide and maintain a Navy;
This one's pretty self-explanatory.
Clause 14. To make Rules for the Authorities and Regulation of the state and naval Forces;
Congress has the power to set rules for the behavior of the armed forces. From 1806-1951, those rules were independent in a law called the Articles of War. Since 1951, they take been contained inside the Uniform Lawmaking of Military Justice. Any soldiers or sailors who violate those rules face up court-martial.
Clause 15. To provide for calling along the Militia to execute the Laws of the Spousal relationship, suppress Insurrections and repel Invasions;
Congress has the power to call out the militia—organized units of citizen soldiers—to defend the nation from attack or armed rebellion. In modern times, the militia has been replaced by the National Baby-sit.
Clause 16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Role of them as may be employed in the Service of the United States, reserving to united states of america respectively, the Appointment of the Officers, and the Authority of training the Militia according to the subject field prescribed by Congress;
Control over the militia is divided betwixt Congress and the state governments. If the militia is chosen into national service, Congress pays for information technology and governs its actions. The states, however, retain control over who serves as its officers and how its men are trained. These distinctions were probably more important in the 1790s than they are today.
Clause 17. To exercise exclusive Legislation in all Cases any, over such District (not exceeding x Miles foursquare) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the The states, and to exercise similar Authority over all Places purchased by the Consent of the Legislature of the State in which the Aforementioned shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
--And
Congress has the power to gear up a national capital of the U.s. that is outside the jurisdiction of whatsoever land. (Congress used this ability to create Washington, DC, on swampland along the Potomac River that was originally role of Maryland.) Congress also has ultimate authority over all federal armed services facilities, even if they're located within particular states. And that "--And" means were getting almost to the cease of this long list of Congress's enumerated powers.
Clause xviii. To brand 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.
This, the so-called "elastic clause," is the basis for all of the legislative branch's implied powers (powers non explicitly listed in the Constitution just held to be legitimate because they are "necessary and proper" for the Congress to exercise the other powers that are listed here. Over time, this clause has been used to justify a gradual expansion in the general power of Congress and the unabridged federal regime.
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Source: https://www.shmoop.com/study-guides/civics/constitution/article-1-section-8
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