query: where are the powers of congress listed in the constitution

pos: Powers of the United States Congress Powers of the United States Congress Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called "enumerated powers"; others have been assumed to exist and are called "implied powers". Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Constitutional amendments have granted

pos: Member of Congress of its size, has two senators. Senatorial terms are staggered, so every two years approximately one-third of the Senate is up for election. Each staggered group of one-third of the senators is called a 'class'. No state has both its senators in the same class. One senator is a class above the other, or vise versa The United States Congress was created in Article I of the Constitution, where the Founding Fathers laid out the limitations and powers of Congress. Article I grants Congress legislative power and lists the enumerated powers and allows Congress to make laws that are necessary

pos: Unitary executive theory articles implied in the definition of executive power. ... In other words, the principle of "expressio unius" may be more applicable as a limitation upon congressional power than upon executive power. According to Hamilton, the unenumerated executive powers that are vested solely in the President "flow from the general grant of that power, interpreted in conformity with other parts of the Constitution, and with the principles of free government." Those other parts of the Constitution include the extensive powers granted to Congress. Article I of the Constitution gives Congress the exclusive power to make laws, which the President then must

neg: Enumerated powers (United States) Enumerated powers (United States) The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed in of the United States Constitution. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "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." Historically, Congress

neg: States' rights States' rights In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the

neg: States' rights misuse. States' rights In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of

neg: McCulloch v. Maryland of Congress under the Constitution would be useless if only laws deemed essential to a power's execution could be passed. Marshall also noted that the Necessary and Proper Clause is listed within the powers of Congress, not its limitations. The Court held that the word "necessary" in the Necessary and Proper Clause does not refer therefore to the only way of doing something but applies to various procedures for implementing all constitutionally-established powers: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end,

neg: Implied powers to tax the bank. The state argued the United States Constitution did not explicitly grant Congress the power to establish banks. In 1819, the Court decided against the state of Maryland. Chief Justice Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated. In the case of the United States Government, implied powers are powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers. Implied powers are those that can reasonably be assumed to flow from express

neg: Powers of the United States Congress commerce, in rulings such as "McCulloch v Maryland", have effectively widened the scope of Congress' legislative authority far beyond that prescribed in Section 8. Powers of the United States Congress Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called "enumerated powers"; others have been assumed to exist and are called "implied powers". Article I

neg: United States constitutional law with an authorized federal program, except for minor or indirect regulation, such as state taxation of federal employees. Many powers of Congress and of the President are specifically enumerated by the Constitution. Enumerated powers of Congress Article I, Section 8 of the Constitution enumerates many explicit powers of Congress. See Enumerated powers. Enumerated powers of the President Several important powers are enumerated to the President under Article II, Section 2. These include: The Presentment Clause (Article I, Section 7, cl. 2-3) grants the president the power to veto Congressional legislation and Congress the power to override a presidential veto with

neg: War Powers Resolution its own powers but also all other powers vested by the Constitution in the "Government of the United States", or in "any department or officer" thereof. Because the Constitution Article 1 Section 8 limits the President's authority in the use of force without a declaration of war by Congress, there is controversy as to whether the provisions of the resolution are consistent with the Constitution. Presidents have therefore drafted reports to Congress required of the President to state that they are "consistent with" the War Powers Resolution rather than "pursuant to" so as to take into account the presidential position

neg: Powers of the United States Congress of all citizens regardless of race, including voting rights, due process, and equal protection under the law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers, which derive from the Necessary and Proper Clause of the Constitution and permit Congress "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." Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate

neg: Article One of the United States Constitution the implied powers, any action must be necessary and proper in the execution of the enumerated powers. The ninth section of Article One places limits on Congress' powers: The first clause in this section prevents Congress from passing any law that would restrict the importation of slaves into the United States prior to 1808. Congress could however, levy a "per capita" duty of up to ten Spanish milled dollars for each slave imported into the country. This clause was further entrenched into the Constitution by Article V, where it is explicitly shielded from constitutional amendment prior to 1808. On March

neg: Congress of Colombia addition, the Constitution and the law grant other powers to Congress, including certain judicial powers and electing senior judges and other senior public officials. Both houses of Congress meet at the neoclassical "Capitolio Nacional" ("National Capitol") building in central Bogotá, the construction of which began in 1847 and was not concluded until 1926. Every house has its own election procedure and individual powers distinguishing them from the other, which are further discussed in the article for each individual chamber. Each house has its own eligibility requirements established by the Constitution, but there are common rules of ineligibility and incompatibility ("régimen

neg: Congress of the Philippines classifiable under this category are: Powers of the Congress that are executive in nature are: The Congress of the Philippines exercises considerable control and supervision over the administrative branch - e.g.: Considered as electoral power of the Congress of the Philippines are the Congress' power to: Constitutionally, each house has judicial powers: The other powers of Congress mandated by the Constitution are as follows: The vote requirements in the Congress of the Philippines are as follows: In most cases, such as the approval of bills, only a majority of members present is needed; on some cases such as the election

neg: Politics of Peru Vizcarra, the new government is expected to be transparent and accountable. Previously a rubberstamp body, Peru's unicameral Congress is emerging as a strong counterbalance to the once-dominant executive branch, with increased oversight and investigative powers. The executive branch and Congress are attempting to reform the judicial branch, antiquated and rife with corruption. During the government of Fujimori the 1979 Constitution was changed after the Fujimori's self-coup where the president dissolved the Congress and established the new 1993 Constitution. One of the changes to the 1979 Constitution was the possibility of the president's immediate reelection (112 article) which made possible the

neg: Article One of the United States Constitution former interpretation. Marshall wrote that a Constitution listing "all" of Congress's powers "would partake of a prolixity of a legal code and could scarcely be embraced by the human mind". Since the Constitution could not possibly enumerate the "minor ingredients" of the powers of Congress, Marshall "deduced" that Congress had the authority to establish a bank from the "great outlines" of the general welfare, commerce and other clauses. Under this doctrine of the necessary and proper clause, Congress has sweepingly broad powers (known as implied powers) not explicitly enumerated in the Constitution. However, the Congress cannot enact laws solely on

neg: Separation of powers under the United States Constitution Virginia, North Carolina and Georgia all kept the branches of government "separate and distinct." Congress has the sole power to legislate for the United States. Under the nondelegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency. In this vein, the Supreme Court held in the 1998 case "Clinton v. The city of New York" that Congress could not delegate a "line-item veto" to the President, by powers vested in the government by the Constitution. Where Congress does not make great and sweeping delegations of its authority, the Supreme Court has been less stringent. One of the

neg: Separation of powers under the United States Constitution Concurrent powers are those that are given to both state and federal governments. There are also powers that are not lined out in the Constitution that are given to the federal government. These powers are then given to the states in a system called federalism. Congress is one of the branches of government so it has a lot of powers of its own that it uses to pass laws and establish regulations. These include express, implied, and concurrent powers. It uses its express powers to regulate bankruptcies, business between states and other nations, the armed forces, and the National Guard

neg: Courts-martial of the United States court. Article III courts do not handle all of the judicial business in the United States. Congress has used its enumerated powers under the Constitution in conjunction with the Necessary and Proper Clause to create specialized tribunals, including courts-martial. Article I, Section 8 of the Constitution says Congress shall have the power "To make Rules for the Government and Regulation of the land and naval forces." Even where life and liberty are at stake, legislative courts are not required to grant all of the due process rights that are intrinsic to the Article III courts. The Supreme Court has, instead,

neg: Plenary power what retains which plenary powers have wide-ranging consequences, as seen in the example of "United States v. Kagama", where the Supreme Court found that Congress had complete authority over all Native American affairs. The Congress may create and charter, through the enactment of statutes, corporate bodies (Federal Corporations) which can be granted (through the Congress' plenary power to legislate) derivative (derived from the legislation, as opposed to the Constitution itself) plenary power(s) in areas that are defined by statute and which comport with the constitution. The Tennessee Valley Authority (TVA) is an example of such an entity. It was created

neg: Article One of the United States Constitution Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that

neg: Powers of the United States Congress Congress additional powers. Congress also has implied powers derived from the Necessary and Proper Clause of the Constitution. Congress has authority over financial and budgetary matters, through the enumerated power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. The Sixteenth Amendment, ratified in 1913, extended power of taxation to include income taxes. The Constitution also grants Congress exclusively the power to appropriate funds. This power of the purse is one of Congress' primary checks on the executive branch. Other powers granted to

neg: Congress of Colombia Congress of Colombia The Congress of the Republic of Colombia () is the name given to Colombia's bicameral national legislature. The Congress of Colombia consists of the 102-seat Senate "(Senado)", and the 166-seat House of Representatives "(Cámara de Representantes)". Members of both houses are elected by popular vote to serve four-year terms. The composition, organization and powers of Congress and the legislative procedure are established by the fourth title of the Colombian Constitution. According to article 114 of the Constitution, the Congress amends the constitution, makes the law and exercises political control over the government and the public administration. In

neg: Federal government of the United States House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the "Necessary and Proper Clause", which grants Congress the power to "make all

neg: Brown v Tasmania The origin of the test of proportionality can be traced, to the 1819 decision of the Supreme Court of the United States in "McCulloch v Maryland" where Chief Justice Marshall said that it was a matter for Congress to choose how its powers were exercised, within the limits of the constitution, stating: Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. The use of proportionality as

neg: United States v. Lara treaty matters. These powers included the ability to both restrict tribal powers or to relax such restrictions. Congress has done both, such as in the withdrawal of federal recognition of the Menominee tribe with the Menominee Termination Act in 1954, and the Menominee Restoration Act to restore tribal recognition and powers. The earlier decisions in "Duro", "Wheeler", and "Oliphant" dealt with cases where Congress had restricted a tribe's inherent powers but pointed at nothing in the Constitution or established precedent that prohibits Congress from relaxing such restrictions. The decision in "Duro" was one of federal common law, and it is

neg: United States v. Locke States Constitution provides that "Congress shall have Power...to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The previous decisions set the basis for the government to use these enumerated powers as "...necessary and proper..." also stated in the Constitution. These federal powers are likely to remain in tension with the powers of the states as articulated in the 10th amendment to the United States Constitution as adopted in the Bill of Rights. The Tenth Amendment provides that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to

neg: Article One of the United States Constitution states plus the District of Columbia. Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states. Article One's Vesting Clause grants all federal legislative

neg: Congress of the Philippines be classified as: It consists of the enactment of laws intended as a rule of conduct to govern the relation between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e., criminal law, political law, etc.) It is essential to the effective exercise of other powers expressly granted to the assembly. These are the powers which though not expressly given are nevertheless exercised by the Congress as they are necessary for its existence such as: It has reference to powers which the Constitution expressly and specifically directs to perform or execute. Powers enjoyed by the Congress

neg: McCulloch v. Maryland it is a "constitution" we are expounding." Fourthly, Marshall supported his opinion textually by invoking the Necessary and Proper Clause, which permits Congress to seek an objective while it exercised its enumerated powers as long as that objective is not forbidden by the Constitution. In liberally interpreting the Necessary and Proper Clause, the Court rejected Maryland's narrow interpretation of the clause that the word "necessary" in the clause meant that Congress could pass only laws that were absolutely essential in the execution of its enumerated powers. The Court rejected that argument, on the grounds that many of the enumerated powers

neg: Criminal jurisdiction federal crimes, and state courts have jurisdiction to hear charges alleging violations of local state law. Under the U.S. Constitution, the power of Congress to enact criminal statutes is limited; the federal government lacks "plenary criminal jurisdiction." The powers of Congress to enact criminal laws "are not boundless." The U.S. Constitution mentions explicit authority for Congress in three areas: (1) counterfeiting, (2) piracy and felony on the high seas and offenses against the law of nations, and (3) treason. However, the "necessary and proper" clause of the Constitution gives Congress "broad power to enact laws that are 'convenient or useful'

neg: Necessary and Proper Clause powers was constitutional. Marshall wrote: The court in "McCulloch v. Maryland" held that federal laws could be necessary without being "absolutely necessary", and noted that "The clause is placed among the powers of Congress, not among the limitations on those powers." At the same time, the court retained the power of judicial review established in "Marbury v. Madison", declaring that it had the power to strike down laws that departed from those powers: "Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under the pretext of executing its powers, pass

neg: Article Six of the United States Constitution that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme; and the law of the State, though enacted in the exercise of powers not controverted, must yield to it." "Reid v. Covert"

neg: Article Two of the United States Constitution or regulate commerce, even though executives had often wielded such authority in the past. In these instances, Congress retained portions of the executive power that the Continental Congress had wielded under the Articles of Confederation. In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by the U.S. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the

neg: Enumerated powers (United States) within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional. Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the republic. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers. Loose constructionists, on the other hand, believe it is largely up to Congress and not the

neg: Tim Kaine for "expertise on the constitutional powers of the presidency" and has said that "war powers questions" are a "personal obsession" of his. He has stressed that under the Constitution, "Congress has the power to declare war — and only Congress." Kaine has termed U.S. missile strikes against the Syrian government in 2018, ordered by Trump, as illegal because they were undertaken without congressional approval. Kaine and Republican senator John McCain of Arizona introduced the War Powers Consultation Act of 2014, which would replace the War Powers Act of 1973, bringing the Congress back into decisions on the deployment of U.S.

neg: Enumerated powers (United States) and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess. Several amendments explicitly grant Congress additional powers. For example, the Sixteenth Amendment grants the power to "lay and collect taxes on incomes, from whatever source derived." There are differences of opinion on whether current interpretation of enumerated powers as exercised by Congress

neg: Nullification (U.S. Constitution) of its President or other officers, are contrary to, or not warranted by, the Constitution, rests only with the judges, who are appointed by Congress, to determine; by whose determinations every state must be bound." John Marshall said in the Virginia convention that protection against infringement of the Constitution would be provided by the federal courts: "If [Congress] were to make a law not warranted by any of the powers enumerated, it would be considered by the [federal] judges as an infringement of the Constitution which they are to guard. . . . They would declare it void. . .

neg: United States Congress due process, and equal protection under the law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress 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." Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland, have effectively widened the

neg: United States Congress are typically affiliated with the Republican Party or with the Democratic Party and only rarely with a third party or independents. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills. The House initiates

neg: United States Constitution of power between the federal government and the states. The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments. Any power not listed is, says the Tenth Amendment, left to the states or the people. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, and

neg: Article One of the United States Constitution branches of the federal government. This separation of powers, by which each department may exercise only its own constitutional powers and no others, is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly noteworthy in regard to the Congress. The Constitution declares that the Congress may exercise only those legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment). It also, by implied extension, prohibits Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine.

neg: Commerce Clause the Tenth Amendment to the Constitution has played an integral part in the Court's view of the Commerce Clause. The Tenth Amendment states that the federal government has only the powers specifically delegated to it by the Constitution while other powers are reserved to the states, or to the people. The Commerce Clause is an important source of those powers delegated to Congress, and therefore its interpretation is very important in determining the scope of federal power in controlling innumerable aspects of American life. The Commerce Clause has been the most broadly interpreted clause in the Constitution, making way for

neg: Article One of the United States Constitution hundred bills during his first term in office; Congress overrode only two of those vetoes. Meanwhile, seven Presidents have never used the veto power. There have been 2,560 vetoes, including pocket vetoes. Congress's legislative powers are enumerated in Section Eight: Many powers of Congress have been interpreted broadly. Most notably, the Taxing and Spending, Interstate Commerce, and Necessary and Proper Clauses have been deemed to grant expansive powers to Congress. Congress may lay and collect taxes for the "common defense" or "general welfare" of the United States. The U.S. Supreme Court has not often defined "general welfare," leaving the political

neg: States' rights U.S. Constitution was first addressed in the case of "McCulloch v. Maryland" (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After "McCulloch", the primary legal issues in this area concerned the scope of Congress' constitutional powers, and whether the states possess certain powers to the exclusion of the federal government, even if the Constitution does not explicitly limit them to the states. The Supremacy Clause of the U.S. Constitution states: In "The Federalist" Papers,

neg: Article One of the United States Constitution The Necessary and Proper Clause, as well as the Commerce and General Welfare Clauses have been interpreted so broadly that to this day, the Federal Government of the United States exercises many powers that are not expressly delegated by the States in the Federal Government by the Constitution, like the different social programs of the American Welfare State. However, James Madison, who wrote much of the Constitution, disagreed that Congress exercises powers that are not expressly granted in the Constitution; Madison, when he held the Office of President of the United States, exercised his Veto power against the Federal Public

neg: 1st United States Congress informally grouped into factions of similar interest, based on an analysis of their voting record. Details on changes are shown below in the "Changes in membership" section. During this congress, two Senate seats were added for North Carolina and Rhode Island when each ratified the Constitution. During this congress, five House seats were added for North Carolina and one House seat was added for Rhode Island when they ratified the Constitution. This list is arranged by chamber, then by state. Senators are listed by class, and Representatives are listed by district. Senators were elected by the state legislatures every two

neg: Organized incorporated territories of the United States are not fully part of the United States and that not all aspects of the United States Constitution automatically apply), whereas other former incorporated territories (excepting only Palmyra Island) are now states. While the District of Columbia functions similarly to an organized incorporated territory, it is governed by entirely different provisions of the United States Constitution as a federal district. The following territories within the United States were officially organized by Congress with an Organic Act on the first date listed. Each was admitted as a U.S. state (of the same name, except where noted) on the second date listed.

neg: Powers of the President of the United States basis. The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy. The president must also appoint his staff of aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the President". Since 1995, the president has been required to submit an annual report to Congress listing the name and salary of every employee of the White House Office. The 2011 report listed 454 employees. Article II of the United States Constitution gives the president

neg: Powers of the President of the United States Powers of the President of the United States The powers of the President of the United States include those powers explicitly granted by Article II of the United States Constitution to the President of the United States, powers granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency. The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The President oversees federal law

neg: Unitary executive theory execute, provided that those laws are constitutional. Article I, Section 8, clause 18 of the Constitution known as the Necessary and Proper Clause grants Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution all Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". The Constitution also grants Congress power "To make Rules for the Government and Regulation of the land and naval Forces." The theory of the unitary executive can only be legitimate insofar as it allows Congress to wield its constitutional

neg: Tenth Amendment to the United States Constitution Tenth Amendment to the United States Constitution The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism and states' rights, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people. The amendment was proposed by the 1st United States Congress in 1789 during its first

neg: Constitution of Austria corporate law, most other aspects of economic law, education, academia, welfare, telecommunications, and the health care system, lie with the federation. This is also true for the judiciary system, which is exclusively federal in Austria, meaning that there are no state courts. Federal legislative powers are vested in a body the constitution refers to as a parliament. Ever since the somewhat paradoxical 1929 revision of the constitution, which strengthened the formal separation of powers in Austria at the instigation of sympathizers of fascism, Austria's legislature technically bears more resemblance to a congress than to a parliament. As a practical matter,

neg: Article One of the United States Constitution intended to "test the waters" of what the courts would allow it to do. Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congress's power to legislate. Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate. However, it is also "limited" to inquiries that are "in aid of the legislative function;" Congress may not "expose for the sake of exposure."

neg: United States Constitution neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In "McCulloch v. Maryland" (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people", even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to

neg: President of the People's Republic of China of emergency, issue mass mobilization orders, and issue state honours. In addition, the President names and dismisses ambassadors to foreign countries, signs and annuls treaties with foreign entities. According to the Constitution, all of these powers require the approval or confirmation of the National People's Congress. The President also conducts state visits on behalf of the People's Republic. Under the constitution the "state visit" clause is the only presidential power that does not stipulate any form of oversight from the National People's Congress. As the vast majority of presidential powers are dependent on the ratification of the NPC, the President

neg: War Powers Clause War Powers Clause Article I, Section 8, Clause 11 of the United States Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording: A number of wars have been declared under the United States Constitution, although there is some controversy as to the exact number, as the Constitution does not specify the form of such a declaration. Five wars have been declared by Congress under their constitutional power to do so: the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II.

neg: Article One of the United States Constitution policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers. The courts are highly deferential to Congress's exercise of its investigation powers, however. Congress has the power to investigate that which it could regulate, and the courts have interpreted Congress's regulatory powers broadly since the Great Depression. Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen... by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives;

neg: Limited government the States, are reserved to the States respectively, or to the people.” This limits the authority of the United States government to those powers listed in the Constitution and concedes the premise that individual States retain the powers not granted to the national government but that are also not barred to the States by the Constitution. Also, it grants that the people themselves retain power under this system of government as well. These are key points of the concept of limited government established by the Constitution in the United States because they overtly state the power of the federal government

neg: Congress of the Dominican Republic Constitution vests all legislative power in the Congress. The Chamber and Senate are equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers); however, the Constitution grants each chamber some unique powers. The Senate is empowered to approve treaties and presidential appointments. Revenue-raising bills must originate in the Chamber of Deputies, which also has the sole power of impeachment, while the Senate has the sole power to try impeachment cases. The Congress meets in the Palace of Congress in Santo Domingo, Dominican Republic. The term Congress actually refers to a particular meeting of the

neg: The Imperial Presidency great world power and then a superpower, the presidency acquired more war powers despite the Constitution. That reduced Congress' powers and the separation of powers, which is necessary to avoid the arbitrary use of power. Through various means, presidents subsequently acquired powers beyond the limits of the constitution. The daily accountability of the president to the Congress, the courts, the press, and the people has been replaced by an accountability of only once each four years, during an election. The changes have occurred slowly over the centuries so that what appears normal differs greatly from what was the original state

neg: United States Congress including the American Bar Association have described this practice as against the spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters." The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights,

neg: Constitution of Paraguay revise the Constitutional Governmental Regulations. Three years later, a new constitution granted López powers as broad as those Francia had used to govern. Congress could make and interpret the laws, but only the President could order that they be promulgated and enforced. The constitution placed no restrictions on the powers of the president, beyond limiting his term of office to ten years. The constitution also included no guarantee of civil rights. There was no mention of the word "liberty" in the entire text. Despite this limitation, Congress subsequently named López dictator for life. He died in 1862 after twenty-one years

neg: U.S. state the states are reserved for states and the people by the Tenth Amendment. Powers of the U.S Congress are enumerated in , for example, the power to declare war. Making treaties is one power forbidden to the states, and is listed among other such powers in . Among the Article I enumerated powers of Congress is the power to regulate Commerce. Since the early 20th century, the Supreme Court's interpretation of this "Commerce Clause" has, over time, greatly expanded scope of federal power, at the expense of powers formerly considered purely states' matters. The "Cambridge Economic History of the United

neg: United States v. Kagama Congress' authority over Indian affairs. Plenary power over Indian tribes, supposedly granted to the U.S. Congress by the Commerce Clause of the Constitution, was not deemed necessary to support the Supreme Court in this decision; instead, the Court found the power in the tribes' status as dependent domestic nations. This allowed Congress to pass the Dawes Act the following year. The case has been criticized by legal scholars as drawing on powers that are not granted to Congress by the Constitution. It remains good law, despite that criticism. In 1881, a Brulé Lakota Sioux named Crow Dog killed his government-installed

neg: Enumerated powers (United States) though, there is very little thought or dialogue given to what should be the first and foremost question asked with every legislative or administrative governmental action: Is this initiative empowered to our federal government by the document's seven articles and 27 amendments? In many cases, the answer is no." "For this reason," Johns said, "we also strongly support the Enumerated Powers Act, which will require Congress to justify the Constitutional authority upon which all legislation is based." Enumerated powers (United States) The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed

neg: Confederate States Constitution VI Section 1(1) Changes to Article VII "When five states shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice President; and, for the meeting of the Electoral College; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers

neg: Provincial governments of South Africa appoints an Executive Council (a cabinet), consisting of members of the legislature, to administer the various departments of the provincial administration. The powers of the provincial governments are circumscribed by the national constitution, which limits them to certain listed "functional areas". In some areas the provincial governments' powers are concurrent with those of the national government, while in other areas the provincial governments have exclusive powers. The constitution prescribes a principle of "co-operative government" whereby the various layers of government must co-ordinate their actions and legislation; it also lays down a series of rules for resolving conflicts between national and

neg: Government of Puerto Rico Government of Puerto Rico The government of Puerto Rico is a republican form of government with separation of powers, subject to the jurisdiction and sovereignty of the United States. of the Constitution of Puerto Rico defines the government and its political power and authority pursuant to U.S. . Said law mandated the establishment of a local constitution due to Puerto Rico's political status as a commonwealth of the United States. Ultimately, the powers of the government of Puerto Rico are all delegated by Congress and lack full protection under the U.S. Constitution. Because of this, the head of state of

neg: Electorate of Hesse back all his former territories, or their equivalent, and at the same time restored the ancient constitution of his country. This treaty, so far as the territories were concerned, was implemented by the Great Powers at the Congress of Vienna. They refused, however, the Elector's request to be recognized as "King of the Chatti" ("König der Katten"). At the Congress of Aix-la-Chapelle (1818), he was listed with the grand dukes as a "Royal Highness." William chose to retain the now empty title of prince-elector, with the predicate of "Royal Highness". William I had marked his restoration by abolishing with a

neg: Separation of powers the judiciary is kept independent, each branch controls the actions of others and balances its powers in some way. In the United States Constitution, Article 1 Section I gives Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, "The Executive Power shall be vested in a President of the United States of America." The Supreme Court holds "The judicial Power" according to Article III,

neg: Congressional oversight ratification of the Constitution. The lack of debate was because oversight and its attendant authority were seen as an inherent power of representative assemblies which enacted public law. Oversight also derives from the many and varied express powers of the Congress in the Constitution. It is implied in the legislature's authority, among other powers and duties, to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers. Congress could not reasonably or responsibly exercise these powers without knowing what the executive was

neg: Randy Barnett the amendment would prevent Congress from using conditional funding to induce the states to enact any law if it would "restrict the liberties of its citizens." The Constitution grants to the president the Treaty Clause power "by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." The Constitution also grants to the Congress the power "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

neg: Confidentiality status of CRS Reports Shared Powers," the report notes that the staff of the U.S. Congress is much larger than in any other national legislature as a consequence of "the underlying nature of the American political system." In contrast to other parliamentary systems where there is "[n]ormally ... a collaborative relationship between the majority party or coalition in the parliament and the political leaders of the government ministries," under the United States Constitution "the powers of the federal government are distributed in a way that is intended and almost guaranteed to create competition and conflict between the legislative and executive branches." In support of

neg: Benito Juárez petitioned Congress to be given Emergency Powers. The liberal members of Congress denied the petition with the main argument being that the country was under a current constitutional government that had been achieved only through a very bloody civil war. It was not consistent for Juárez, who had implemented that constitution, now to wish to violate the legal functions of the constitution by giving himself dictatorial powers. However, two groups of conservatives trapped Ocampo and Santos Degollado respectively and killed them, which focused the attention of the liberals in Congress. This action by the conservatives changed their opinion, and they

neg: Roger B. Taney that, "the powers given to the courts by the Constitution are judicial powers and extend to those subject, only, which are judicial in character, and not to those which are political." The majority opinion interpreted the Guarantee Clause of the Constitution, Article IV, Section 4. Taney held that under this article Congress is able to decide what government is established in each state. This decision was important, because it is an example of judicial self-restraint. Many Democrats had hoped that the justices would legitimize the actions of the Rhode Island reformers. However, the justices' refusal to do so demonstrated the

neg: Hopi October 24, 1936, the Hopi people ratified a constitution. That constitution created a unicameral government where all powers are vested in a Tribal Council. While there is an executive branch (tribal chairman and vice chairman) and judicial branch, their powers are limited under the Hopi Constitution. The traditional powers and authority of the Hopi villages was preserved in the 1936 constitution. The Hopi tribe is federally recognized and headquartered in Kykotsmovi, Arizona. The current tribal officers are: Representatives to the council are selected either by a community election or by an appointment from the village kikmongwi, or leader. Each representative

neg: Judicial review in the United States Wilson asserted in the Pennsylvania ratifying convention that federal judges would exercise judicial review: "If a law should be made inconsistent with those powers vested by this instrument in Congress, the judges, as a consequence of their independence, and the particular powers of government being defined, will declare such law to be null and void. For the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto will not have the force of law." In the Connecticut ratifying convention, Oliver Ellsworth likewise described judicial review as a feature of the Constitution: "This Constitution defines the

neg: Presidency of George Washington affect elections, and party affiliations remained in flux. Congress approved 12 amendments to the U.S. Constitution on September 25, 1789, establishing specific constitutional guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people, and submitted them to the state legislatures for ratification. Congressional approval of the amendments was led by James Madison. Madison had previously opposed amending the constitution, but he hoped to prevent more far-reaching reforms by passing his own

neg: United States v. Ballin its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority." The Rules of Proceedings Clause in the Constitution—the organic act under which Congress is assembled—authorizes the houses of Congress to pass a supermajority rule if they so choose. Hence, rules requiring supermajorities

neg: War Powers Clause of the Constitution giving the war-making power to Congress, was dictated, as I understand it, by the following reasons. Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood." Then-congress member Lincoln moved for

neg: Thirteenth Amendment to the United States Constitution enforcement clause, Secretary of State Seward responded by telegraph that in fact the second clause "is really restraining in its effect, instead of enlarging the powers of Congress". White politicians throughout the South were concerned that Congress might cite the amendment's enforcement powers as a way to authorize black suffrage. When South Carolina ratified the amendment in November 1865, it issued its own interpretive declaration that "any attempt by Congress toward legislating upon the political status of former slaves, or their civil relations, would be contrary to the Constitution of the United States". Alabama and Louisiana also declared that their

neg: Criminal law of the United States have the most general power to pass criminal laws in the United States. The federal government, since it can only exercise those powers granted to it by the Constitution, can only pass criminal laws which are related to the powers granted to Congress. For example, drug crimes, which comprise a large percentage of federal criminal cases, are subject to federal control because drugs are a commodity for which there is an interstate market, thus making controlled substances subject to regulation by Congress in the Controlled Substances Act which was passed under the authority of the Commerce Clause. "Gonzales v. Raich"

neg: Congressional Constitution Caucus caucuses by Supreme Court Justice Antonin Scalia on the topic of "separation of powers." At its peak in the 113th Congress, the Congressional Constitution Caucus had 76 members. However, the caucus possessed over 100 members when it existed informally in the 104th Congress. The members of the Caucus are strongly opposed to the Affordable Care Act (ACA), and are outspoken opponents of the individual health mandate. The group has supported constitutional challenges to the ACA. In 2014, after the U.S. Court of Appeals for the District of Columbia rejected one such challenge in the case "Sissel v. United States Department

neg: Oklahoma executive, judicial, and legislative powers over tribal members and functions, but are subject to the authority of the United States Congress to revoke or withhold certain powers. The tribal governments are required to submit a constitution and any subsequent amendments to the United States Congress for approval. Oklahoma has 11 substate districts including the two large Councils of Governments, INCOG in Tulsa (Indian Nations Council of Governments) and ACOG (Association of Central Oklahoma Governments). For a complete list visit the Oklahoma Association of Regional Councils. Oklahoma has been politically conservative for much of its history, especially recently. During the first

neg: Powers of the President of the United States security of the United States, but these powers were not expressly granted by the Constitution. Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require approval of the United States Congress. Executive orders are subject to judicial review and interpretation. The Budget and Accounting Act of 1921 put additional responsibilities on the presidency for the preparation of the United States federal budget, although Congress was

neg: Constitutional monarchy political powers are lapsed powers. There are currently 43 monarchies worldwide. Constitutional monarchy A constitutional monarchy is a form of monarchy in which the sovereign exercises authority in accordance with a written or unwritten constitution. Constitutional monarchy differs from absolute monarchy (in which a monarch holds absolute power) in that constitutional monarchs are bound to exercise their powers and authorities within the limits prescribed within an established legal framework. Constitutional monarchies range from countries such as Morocco, where the constitution grants substantial discretionary powers to the sovereign, to countries such as Japan and Sweden where the monarch retains no formal

neg: President of Argentina truly a presidential system. In 1816, Congress declared Independence and composed a Constitution. This established an executive figure, named Supreme Director, who was vested with presidential powers. This constitution gave the Supreme Director the power of appointing Governors of the provinces. Due to political circumstances, this constitution never came into force, and the central power was dissolved, leaving the country as a federation of provinces. A new constitution was drafted in 1826. This constitution was the first to create a President, although this office retained the powers described in the 1816 constitution. This constitution did come into force, resulting in

neg: Separation of powers under the United States Constitution or militia. They also establish all laws necessary and proper for carrying out other powers. In addition to this Congress makes laws for naturalization. Implied powers are used to keep the regulation of taxes, the draft, immigration, protection of those with disabilities, minimum wage, and outlaw discrimination. Congress’s inherent powers are used to control national borders, deal with foreign affairs, acquire new territories, defend the state from revolution, and decide the exclusion or establishment of aliens. Concurrent powers makes it so that both federal and state governments can create laws, deal with environmental protection, maintain national parks and prisons, and

neg: 2001 Italian constitutional referendum in pre-Constitutional reform days. 2001 Italian constitutional referendum A constitutional referendum was held in Italy on 7 October 2001. The amendment was proposed by the Silvio Berlusconi government. Voters were asked whether they approved of amending the constitution to give more powers to the regions on issues including agriculture, education, healthcare and taxation. The proposals were approved by 64.2% of voters. The resulting Constitutional changes are subject of conflicting opinions regarding the practical success of the amendment; in its most evident outcome, the text of Article 117 of the Constitution was inverted: whereas the original text listed the areas where

neg: 2001 Italian constitutional referendum 2001 Italian constitutional referendum A constitutional referendum was held in Italy on 7 October 2001. The amendment was proposed by the Silvio Berlusconi government. Voters were asked whether they approved of amending the constitution to give more powers to the regions on issues including agriculture, education, healthcare and taxation. The proposals were approved by 64.2% of voters. The resulting Constitutional changes are subject of conflicting opinions regarding the practical success of the amendment; in its most evident outcome, the text of Article 117 of the Constitution was inverted: whereas the original text listed the areas where the Regions had legislative

neg: Federal government of the United States Federal government of the United States The Federal Government of the United States (U.S. Federal Government) is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories, and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of congress, including the creation of executive departments and courts inferior to

neg: State constitution (United States) powers similar to those of major cities. Congress has full authority over the district and may amend the charter and any legislation enacted by the Council. Attempts at statehood for the District of Columbia have included the drafting of two constitutions in 1982 and 1987, both referring to the district as the "State of New Columbia". State constitution (United States) In the United States, each state has its own constitution. Usually, they are much longer than the United States Constitution, which only contains 4,543 words. State constitutions are usually longer than 8,500-words because they are more detailed regarding the day-to-day

neg: United States Constitution by constitutional legal scholars and historians as follows: the written Constitution is fundamental law. It can change only by extraordinary legislative process of national proposal, then state ratification. The powers of all departments are limited to enumerated grants found in the Constitution. Courts are expected (a) to enforce provisions of the Constitution as the supreme law of the land, and (b) to refuse to enforce anything in conflict with it. In Convention. As to judicial review and the Congress, the first proposals by Madison (Va) and Wilson (Pa) called for a supreme court veto over national legislation. In this it

neg: South African environmental law or provincial government could conceivably promulgate air pollution Acts. The Constitution is clear, however, that national government has overriding powers as regards the setting of standards. Where uniform standards are warranted, national government could invoke the provisions of the Constitution which deal with conflicting laws. The so-called override provision, which specifically applies to conflicts between national and provincial legislation within the functional areas listed in Schedule 4, provides that national legislation prevails over provincial legislation if the former “deals with a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity

neg: Hopi that was annexed by the Navajo reservation, which is the largest in the country. On October 24, 1936, the Hopi people ratified a Constitution. That Constitution created a unicameral government where all powers are vested in a Tribal Council. While there is an executive branch (tribal chairman and vice chairman) and judicial branch, their powers are limited under the Hopi Constitution. The traditional powers and authority of the Hopi Villages were preserved in the 1936 Constitution. Today, the Hopi Reservation is entirely surrounded by the much larger Navajo Reservation. The two nations used to share the "Navajo–Hopi Joint Use Area",

neg: Treaty Clause Representatives and the signature of the President. Throughout American history, presidents have also made international agreements through congressional-executive agreements, that are ratified with only a majority from both houses of Congress, or executive agreements, made by the President—in the exercise of his Constitutional executive powers—alone. Though the Constitution does not expressly provide for any alternative to the Article II treaty procedure, of the Constitution does distinguish between treaties (which states are forbidden to make) and agreements (which states may make with the consent of Congress). The Supreme Court has considered congressional-executive and executive agreements to be valid, and they have

neg: Taxation in the United States shall be Laid unless in proportion to the Census ..." The 16th Amendment provided that "Congress shall have the 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." The 10th Amendment provided that "powers not delegated to the United States by this Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people." Congress has enacted numerous laws dealing with taxes since adoption of the Constitution. Those laws are now codified as Title 19, Customs Duties, Title 26,

neg: Enumerated powers (United States) forth the specific constitutional authority under which each bill is being enacted. In every Congress since the 104th Congress, U.S. Congressman John Shadegg has introduced the Enumerated Powers Act, although it has not been passed into law. At the beginning of the 105th Congress, the House of Representatives incorporated the substantive requirement of the Enumerated Powers Act into the House rules. The Enumerated Powers Act is supported by leaders of the U.S. Tea Party movement. National Tea Party leader Michael Johns has said that progressives often "see the Constitution as an impediment to their statist agenda. In almost all cases,