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The Powers of Congress: A Brief Overview
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The modern influence that Congress has in the federal
tripartite system of government can be explained by
understanding the historical context in which the Framers of
the Constitution enacted their vision for the first branch of
government. The creation of a Congress in Article I of the
Constitution reflects the collective preferences and
compromises of those who drafted the document in 1787.
Their views were undergirded by the political philosophies
of the era and were chiefly shaped by two historical
experiences: (1) colonial rule under the tyranny of the
British Crown, and (2) the chaos that resulted in the wake
of the American Revolution due to the weak central
government that was established under the Articles of
Confederation. In this vein, the Framers designed the
Constitution, and more specifically Congress, to avoid not
only the overreaches of monarchy, but also the weaknesses
of the Articles.
Because of the Framers' fear of an overly powerful and
oppressive central government, the Constitution vests
Congress with only the powers specified in the document,
reserving all other power to the states. This principle
reflects the Founders' belief in federalism-the sharing of
authority between the federal and state governments.
The powers delegated by the ... Constitution to the
federal government are few and defined. Those which
are to remain in the State governments are numerous
and indefinite. James Madison, Federalist No. 45.
The Constitution also provides for dispersed authority
within the federal government. The three branches of
government were assigned distinct and limited roles under
the Constitution. The constitutional structure does not,
however, wholly insulate the branches from each other.
While the Framers aimed, through separation, to prevent the
centralization of power akin to their experiences under the
British Crown, they also sought the same objective through
diffusion of various authorities. Thus, some powers granted
under the Constitution are not unilateral for any one branch;
instead, they overlap, resulting in checks and balances.
[T]he great security against a gradual concentration
of ... power[] in the same department, consists in
giving ... each ... the necessary constitutional means
and personal motives to resist encroachments....
Ambition must be made to counteract ambition.
James Madison, Federalist No. S1.
Because a contributing factor to the American Revolution
was perceived violations of individual liberty by the Crown,
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a chief concern of the Framers was the enshrinement of
specific limitations on the power of the government to
abridge such rights. While some limitations on the powers
of Congress that aimed at protecting individual rights
appear in the original Constitution, many of the most
famous protections were not added until the Bill of Rights
was ratified in 1791.
Nonetheless, the Framers' experiences with the Articles of
Confederation-and the accompanying rebellions, slave
revolts, and attacks by Indians and foreign nations that were
caused by or exacerbated by the Articles' weak central
government-made fear of anarchy a competing interest in
the debates over the Constitution. The Framers learned
from their post-Revolution experiences that a stronger
national government was necessary and, as a result,
established under the Constitution a government with a
more robust legislature than the Continental Congress and a
separate executive able to act with greater energy, as well
as an independent judiciary that could provide a check on
the legislative and executive branches. In sum, the
Constitution that was drafted in 1787 was crafted under a
backdrop in which the Framers sought to simultaneously
create a federal government that could both protect its
citizens from external and internal harm and influence, and
also keep the states and the people of the country safe from
domination by the centralized government.
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Because the Constitution creates a federal government with
limited powers, Congress has no powers except those
specified or enumerated in the Constitution.
Every law enacted by Congress must be based on
one or more of its powers enumerated in the
Constitution. United States v. Morrison.
Article I, Section 8 of the Constitution is the primary
section that enumerates Congress's legislative powers.
Among the enumerated powers most frequently relied on by
Congress to legislate are the following.
Commerce Clause: This clause provides Congress the
power To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes. The
Commerce Clause is the source of power for many federal
criminal laws, certain civil rights statutes, and some
environmental laws.
General Welfare Clause: This clause provides Congress
the power to lay and collect Taxes ... and provide for the
common Defence and general Welfare of the United
States.... It is the source of power for Congress to spend
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