Powers of Congress From Constitution

1505 words (6 pages) Essay in Constitutional Law

02/02/18 Constitutional Law Reference this

Last modified: 02/02/18 Author: Law student

Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service. You can view samples of our professional work here.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of Parallelewelten.

1: Which of the following powers is not explicitly given to the congress by the constitution.

The founding father created a system of checks and balances to prevent one side from become powerful and do things based on their own interest. The congress also known as a legislative branch was given certain powers like make laws, collect taxes, ratify treaties etc. but to prevent the overflow of power, certain things that the congress cannot do are: execute laws of the US which is the job of the president, Create treaties which can be ratified by the congress, appoints judges, power to pardon crimes. Also interpenetration of law is not done by the congress, instead the legislative branch has to perform this duty.

2: Based on the Constitution, how many states are needed today to ratify an amendment?

A constitutional amendment must be first proposed and then ratified. There are 2 methods of proposing amendments. Firstly, by passage in the House or the Senate with 2/3 vote or by passage in a national convention called by Congress in response to petition. Congress then chooses the method of ratification either by vote in legislatures of 3/4 of the state or by vote inconvention called for the purpose in 3/4 of the states.

3: Who or what has the authority to expel a member of U.S house of representatives from the house?

Congress has its own rules of ethics established. The Constitution empowers each house to expel its own members for disorderly conduct by 2/3 vote, but expulsion has seldom occurred. Impeachment proceedings may be commenced by a member of the House of Representatives on his or her own initiative by either presenting a listing of the charges under oath, or by asking for referral to the appropriate committee. An example will be how, Democrat Rostenkowski was the powerful chairman of the house ways and means committee before he was indicted and convicted of misuse of public funds in 1944. He refused to resign, but his Chicago constituents voted him out of office.

4: Which constitution amendment repeals another?

The 18 and 21 amendment repeals each other. The 18 states “Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.” and the 21 states ” Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. ”

5: Which statements from the given actually appears in the Constitution and identify, where it is found?

The phrase Unreasonable searches and seizures appears in the constitution. it is found in amendment 4 which states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

6: What if the residents of California wanted to establish their own nation. Under the constitution is that possible?

Article IV states in section 3 that, “New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”

7: The powers granted to the national gov’t are known as what? identify where these are located before the amendments were added?


The power granted to the national gov’t in the US constitution are known as delegated powers. An example will be how the president creates treaties but are ratified by congress. Before the amendments they powers are found under the following passages. Article 1 section 1 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”. and later in article 2 section 2 states the powers of the president. Article 1 section 8 also lists all the powers which are inherent. example “To borrow money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

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.”

8: According to Madison in Federalist # 10, what is the primary cause of factions?

James Madison said that the constant aim of the Constitution is to divide and arrange the several offices in such a manner that each may be a check on the other. Later he also talked about how factions are forming. In the Federalist # 10, he says the cause of these factions are a democratic form of government, using the ideal of majority rule, would tame the factions and cause them to work together as much as possible. He defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others. When people find people of their own status they will pair up with them and most importantly the division of unequal property distribution will lead to factions building.

9: Name and explain the 3 provisions in the constitution that limit power of congress and at the same time protect rights of accused?

Article 1 section 6 and 9 answer this question. Section 6 states about compensation that “They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. Section 9, limits the congress powers to where “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.



Current Offers