Which Of These Is An Expressed Power Of Congress?
The United States Constitution grants Congress a number of powers, including both expressed and implied powers. Expressed powers are those that are specifically enumerated in the Constitution. Implied powers are those that are not explicitly mentioned in the Constitution, but are considered to be necessary and proper to carry out the expressed powers.
One of the most common questions about the powers of Congress is, "Which of these is an expressed power of Congress?" This is a difficult question to answer definitively, as the answer may depend on how one interprets the Constitution.
Here are some examples of expressed powers of Congress:
- To declare war
- To raise and support armies
- To provide and maintain a navy
- To regulate commerce
- To coin money
- To borrow money
- To establish post offices and roads
- To create courts inferior to the Supreme Court
- 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.
The "necessary and proper" clause is often cited as a source of implied powers for Congress. This clause gives Congress the power to make laws that are "necessary and proper" to carry out its expressed powers. For example, Congress has used the "necessary and proper" clause to justify laws regulating interstate commerce, even though the Constitution does not explicitly grant Congress the power to regulate interstate commerce.
So, which of these is an expressed power of Congress? The answer depends on how one interprets the Constitution. If one interprets the Constitution strictly, then only the powers that are specifically enumerated are expressed powers. In this case, the answer would be "To declare war." However, if one interprets the Constitution more broadly, then the answer could be any of the powers listed above.
Here are some additional questions that one could ask to help determine whether a particular power is an expressed power of Congress:
- Is the power specifically enumerated in the Constitution?
- Is the power necessary and proper to carry out an expressed power?
- Has Congress ever exercised the power?
The answers to these questions can help to provide a more definitive answer to the question of whether a particular power is an expressed power of Congress.