Question

2. Explain, with examples, the different types of powers held by Congress. Argue whether you believe Congress has unlimited powers or whether it should be constrained, and how, by other branches of government.

Answer 1

Rights Granted by the Constitution The Constitution describes some of the rights congress has but also outlines some of the powers congress has not. Enumerated Enumerated Powers, or the Expressed Powers, are powers expressly delegated to Congress by the Constitution, including the power to declare war and levy taxes.

Implied Powers Article I, Section 8 of the Constitution also provides the Necessary And Proper Clause, or the Elastic Clause, which gives additional powers to Congress. This clause means that Congress can assume other powers to perform its duties and pass laws. Implied Powers are the powers imposed by the necessary and proper clause.

The House and the Senate must collectively agree to exercise most of the privileges bestowed on Congress. Of example, if Congress declares war, both houses should pass the exact same statement. Likewise, before the legislation can take effect, all houses must pass similar versions of the same statute. However, there are some exceptions where the House and the Senate are wielding power on their own.

There are two key ways the Constitution places limits on the powers of Congress based on federalism. Next, the powers of Congress are constrained by and to the terms of the Constitution's express power grants, which thus impose internal limits on the authority of the federal government. The Constitution explicitly gives Congress a limited set of enumerated powers that are narrowly defined, thus reserving most other legislative powers to the states. As a result, Congress can not enact laws that go beyond the scope of its established enumerated powers.

For example, the Supreme Court agreed that the national government can not control the power of the states for its own purposes by compelling the legislature or executive of a state to enforce federal commands. Nor can Congress use excessive pressure to force states to take potentially reluctant actions. Additionally, the concept of sovereign state immunity— that restricts the situations in which a state may be forced to defend itself against a lawsuit against its will — imposes severe limitations on the right of Congress to sue states.