Which of the following is an exclusive power of Congress?

The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I Section I 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 enumerated powers of Congress are laid in out in Section 8 of the Article I. The eighteen enumerated powers are explicitly stated in Article I, Section 8.

Power to tax and spend for the general welfare and the common defense.
Power to borrow money.
To regulate commerce with states, other nations, and Native American tribes.
Establish citizenship naturalization laws and bankruptcy laws
Coin money
Power to punish counterfeiters of money and stocks
Power to establish post offices and roads
Power to regulate patents and copyrights
Power to establish lower courts from the Supreme Court
Power to establish piracy laws of the sea
To declare war
Power to raise and support Army
Provide and maintain the Navy
Make rules for the Government and regulation of naval forces
Power to call a militia (National Guard today)
Power of regulating a militia
Power to govern the District of Columbia and properties for federal government purposes
Authority to create laws that are necessary and proper to carry out the laws of the land (Necessary and Proper Clause)

Article I, Section 8, Clause 18 is known as the Necessary and Proper Clause which gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution. The Necessary and Proper clause has been up for interpretation since the writing of the Constitution. A Supreme Court case that challenged the clause was McCollough v. Maryland (1819). The court ruled that the Necessary and Proper clause gave Congress the implied power to create a second national bank in Maryland and the state could not tax the bank. Another Congressional power that was explicitly stated in the Constitution was the impeachment powers in Article I, Section 2 and 3. Congress has the authority to impeach a sitting President in office. The impeachment process is as such, the House of Representatives brings articles of impeachment against the official and then the Senate is responsible for the impeachment trial. In order to impeach a sitting President, the Senate must vote two-thirds. Article III, Section 3 gives Congress the authority to decide on the punishment of treason.

The Founding Fathers explicitly stated the powers of Congress in the Constitution in order to solidify that the power of the government comes from the people. The Constitution is a protected document that has been interpreted since its writing. The powers of Congress were laid out in order to establish our government for the people, by the people.

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References

The Constitution of the United States: A Transcription. (2018, December 18). Retrieved February 27, 2019, from https://www.archives.gov/founding-docs/constitution-transcript

By: Angie Kirby, EKU Graduate Assistant

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (June 2015) (Learn how and when to remove this template message)

Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.[1] That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of the federal government.

These powers are contrasted with concurrent powers, which are shared by both the federal government and each constituent political unit.[1]

According to U.S. law, reserved powers (i.e. states' rights) belong exclusively to each state. They are distinct from the enumerated powers that are listed in the Constitution of the United States, which include both concurrent powers and exclusive federal powers.

In Federalist No. 32, Alexander Hamilton described three distinct types of exclusive federal powers:[2]

This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: [i] where the Constitution in express terms granted an exclusive authority to the Union; [ii] where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and [iii] where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.

Examples

The Constitution grants Congress power of "exclusive legislation" over the area now known as the District of Columbia.
The Constitution says: "no state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws."
The Constitution gives Congress power to establish a "uniform rule" of naturalization throughout the country, and Hamilton says that there could be no uniform rule if each state has a distinct rule.[2]

^ a b Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics, p. 31 (Penguin 2009).
^ a b Hamilton, Alexander. Federalist 32 Archived 2015-10-23 at the Wayback Machine (full text) from the Library of Congress.

Retrieved from "https://en.wikipedia.org/w/index.php?title=Exclusive_federal_powers&oldid=1038786909"

The Legislative Branch is one of three branches of the U.S. government: Executive, Judicial, and Legislative.Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. He or she is third in the line of succession to the Presidency.Members of the House are elected every two years and must be 25 years of age, a U.S. citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent.The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.The Senate is composed of 100 Senators, 2 for each state. Until the ratification of the 17th Amendment in 1913, Senators were chosen by state legislatures, not by popular vote. Since then, they have been elected to six-year terms by the people of each state. Senator's terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be 30 years of age, U.S. citizens for at least nine years, and residents of the state they represent.The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate.The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade. The Senate also tries impeachment cases for federal officials referred to it by the House.In order to pass legislation and send it to the President for his signature, both the House and the Senate must pass the same bill by majority vote. If the President vetoes a bill, they may override his veto by passing the bill again in each chamber with at least two-thirds of each body voting in favor.

Powers of Congress

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress. The President may veto bills Congress passes, but Congress may also override a veto by a two-thirds vote in both the Senate and the House of Representatives.Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution.Part of Congress's exercise of legislative authority is the establishment of an annual budget for the government. To this end, Congress levies taxes and tariffs to provide funding for essential government services. If enough money cannot be raised to fund the government, then Congress may also authorize borrowing to make up the difference. Congress can also mandate spending on specific items: legislatively directed spending, commonly known as "earmarks," specifies funds for a particular project, rather than for a government agency.Both chambers of Congress have extensive investigative powers, and may compel the production of evidence or testimony toward whatever end they deem necessary. Members of Congress spend much of their time holding hearings and investigations in committee. Refusal to cooperate with a Congressional subpoena can result in charges of contempt of Congress, which could result in a prison term.The Senate maintains several powers to itself: It ratifies treaties by a two-thirds supermajority vote and confirms the appointments of the President by a majority vote. The consent of the House of Representatives is also necessary for the ratification of trade agreements and the confirmation of the Vice President. Congress also holds the sole power to declare war.

For more info visit: http://www.whitehouse.gov/our-government/legislative-branch

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