Congress of the United States

Article I, Section 8, of the Constitution defines the powers of Congress. These include the powers to assess and collect taxes; to regulate commerce, both interstate and with foreign nations; to coin money; to establish post offices and post roads; to establish federal courts inferior to the Supreme Court; to declare war; to establish rules for the government; and to raise and maintain an army and navy.

Article I, Section 8, also declares that "Congress shall have 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 any Department or Officer thereof." Called the NECESSARY AND PROPER CLAUSE or the Implied Powers Clause, this part of the Constitution enables Congress to undertake activities not specifically enumerated by the Constitution but implied by its provisions. The Necessary and Proper Clause has been used to greatly expand congressional authority (MCCULLOCH V. MARYLAND, 17 U.S. [4 Wheat.] 316, 4 L. Ed. 579 [1819]).

Another power vested in Congress is the right to propose amendments to the Constitution upon approval by two-thirds of both houses. Should two-thirds of the state legislatures demand changes in the Constitution, Congress must call a constitutional convention. Proposed amendments are valid as part of the Constitution when ratified by the legislatures or by conventions of three-fourths of the states. Either means of ratification may be proposed by Congress.

Congress retains a number of other special powers. It may act as a judicial body to impeach and try a president or other civil officer for misconduct; in such cases, the House impeaches, or charges, the official, and the Senate conducts the trial. Congress is also empowered to create and use administrative agencies and boards, such as the National Highway Traffic Safety Administration and the NATIONAL MEDIATION BOARD,to determine facts and to enforce its legislative policies and enactments.

The Constitution vests each house of Congress with distinct powers as well. The House, for example, has sole responsibility for originating all tax bills, and the Senate has power to approve treaties. The House also chooses the president and vice president if no candidate wins a majority of electoral votes in the presidential election.

Section 9 of Article I of the Constitution imposes prohibitions upon Congress. This section forbids Congress to suspend the privilege of HABEAS CORPUS, except in cases of rebellion; to pass EX POST FACTO, or retroactive, laws; to impose duties on exports; or to grant titles of nobility.