What Is ?

The power of congress is to make laws. Additionally, as an incident to that power, congress can conduct hearings and investigations, consider those matters that form the basis on which Congress may enact legislation, and perform other duties that are "necessary and proper" to the enacting legislation pursuant to Article I, Section I.

• Enumerated and Implied Powers

• Delegation of Legislative Power

1. Enumerated (a.列举的) and Implied (a.隐含的) Powers

1.1 Necessary and Proper "Power"

The Necessary and Proper Clause grants Congress the power to make all laws necessary and proper for carrying into execution any power granted to any branch of the federal government.

1.2 Taxing Power

Congress has the power to lay and collect taxes, imposts, and excises, but they must be uniform throughout the United States. Capitation or other direct taxes must be laid in proportion to the census, and direct taxes must be apportioned among the states.

1.3 Spending Power

Congress may spend to "provide for the common defense and general welfare." This spending may be for any public purpose-- not merely the accomplishment of other enumerated powers. However, nonspending regulations are not authorized. Remember that the Bill of Rights still applies to this power.

1.4 Commerce Power

Article I, Section 8, Clause 3 empowers Congress to "regulate commerce with foreign nations and among the several states, and with the Indian tribes."

1.4.1 Definition of Commerce

(a) Includes Basically All Activity Affecting Two or More States

(b) Include Transportation or Traffic

1.4.2 Substantial Economic Effect

The Supreme Court has sustained congressional power to regulate any activity, local or interstate, that either it itself or in combination with other activities has a "substntial economic effect upon", or "effect on movement in", interstate commerce.

1.5 War and Related Powers

Article I, Section 8 gives Congress the power to declare war, raise and support armies, provide for and maintain a navy, make rules for the government and regulation of the armed forces, and organize, arm, discipline, and call up the militia. Of course, several other congressional powers may have direct or indirect application to military purpose: tax and spending ppower, commerce power, Senate's treaty consent power, maritime power, investigatory power, etc.

1.6 Investigatory Power

The power to investigate to secure information as a basis for potential legislation or other official action is a well-established implied power. It is a very broad power, in that an investigation need not be directed toward enactment of particular legislation, but the following limitations on its use do exist.

1.7 Property Power

Congress has the power to "dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." Many other congressional powers obviously would be unworkable if the actillary power (附属权） to acquire and dispose of porperty of all kinds-- real, personal, and intangible-- were not also implied from the main grants.

1.8 No Federal Police Power

Congress has no general police power (治安权，社会综合治理权）.

1.9 Bankruptcy Power

Article I, Section 8, Clause 4 empowers Congress "to establish uniform laws on the subject of bankruptcies throughout the United States." This power has been interpreted by the Supreme Coutt as nonexclusive.

1.10 Postal Power

Article I, Section 8, Clause 7 empowers Congress "to establish post offices and post roads"

1.11 Power over Citizenship

Article I, Section 8, Clause 4 empowers Congress "to establish a uniform rule of naturalization."

Exclusion of Aliens (Congress's power to exclude aliens is broad.)

(a) Nonredisdent Aliens

Aliens have not right to enter the United States and can be refused entry because of their political beliefs.

(b) Resident Aliens

Resident aliens are entitled to notice and hearing before they can be deported.

1.12 Admiralty Power

Although congressional power to legislate in maritime matters is not expressed in the Constitution, the Supreme Court has implied it from exclusive jurisdiction given the federal courts in this field by Article II, Section 2, supported by the Necessary and Proper Clause of Article I, Section 8.

1.13 Power to Coin Money and Fix Weights and Measures

Congress has the power to coin money and fix the standard of weights and measures under Article I, Section 8, Clause 5.

1.14 Patent/ Copyright Power

Congress has the power to control the issuance of patents and copyrights under Article I, Section 8, Clause 8.

2. Delegation of Legislative Power

2.1 Broad Delegation Allowed

Congress has broad discretion to delegate its legislative power to executive officers and/or administrative agencies, and even delegation of rulemaking power to the courts has been upheld.

2.2 Limitations on Delegation

(a)Power Cannot Be Uniquely Confined to Congress

To be delegable,the power must not be uniquely confined to Congress. For example, the power to declare war cannot be delegated, nor the power impeach.

(b)Clear Standard

It is said that delegation will be upheld only if it includes intelligible standards for the delegate to follow. However, as a practical matter almost anything will pass as an "intelligible standard".

(c) Separation of Power Limitations

Wile Congress has broad power to delegate, the separation of powers doctrine restricts Congress from keeping certain over certain delegates. For example, Congress cannot give itself the power to remove an officer of the executive branch by any means other than impeachment. Similarly, Congress cannot give a government employee who is subject to removal by Congress purely executive powers.

(d)Important Liberty Interests

If the delegate interferes with the exercise of a fundamental liberty to right, the burden falls upon the delegate to show that she had the power to pervent the exercise of the right and her decision was in furtherance of that particular policy.