Article I,
Section 8: Powers of Congress
The Constitution establishes a federal government of limited
and enumerated powers. Listing those specific powers provides for limited government. The powers of Congress are listed in this
article. After listing each specific power, the Article concludes with the
“Necessary and Proper Clause,” which empowers Congress to make all laws
necessary and proper to carry out the powers listed.
Article I,
Section 9 lists
limitations on the powers of the federal government, and the Tenth Amendment emphasizes the division between state and
federal power.
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
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
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
define and punish Piracies and Felonies committed on the high Seas, and Offenses
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 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.
Notes for this
section:
Citizenship
The Draft
FAQ: What can't Congress do?
FAQ: Why was the power to coin money given to the Federal Government?
FAQ: Who can declare war?
The Bill of Rights will be listed at the end of each installment, and a discussion will follow at the end.
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
No
person shall be held to answer for a 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 offense
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.
Amendment VI
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 wherein 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.
Amendment VII
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 reexamined in any court of the United States, than
according to the rules of the common law.
Amendment VIII
Excessive
bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The
enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment X
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.
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