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Under the Articles, Congress had power to regulate foreign affairs, war, and the postal service and to appoint military officers, control Indian affairs, borrow money, determine the value of coin,
However the more important powers rely with congress these being, regulating trade, setting immigration laws, dealing with international relations, declaring war, and printing
The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government
It states in Article I, Section 9 of the constitution that “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion
Article 1 Section 8 of the Articles of Confederation declares that Congress has the sole power to declare War while Article 2 Section 2 gives the President the power to wage war and states that “The President shall be Commander in Chief” (p.A17). These powers are specifically delegated in order to dictate where the legislative power ends and where the president’s power begins. In James Madison’s letter to Thomas Jefferson he implies that those two articles were possibly the most important by suggesting that because history had shown that the executive branch is “the most interested and most prone to [waging war]”, then it should be a power reserved for the legislative branch (press-pubs.uchicago.edu). The War Powers Act of 1973 furthered the
The article of confederations had many weaknesses, congress did not have enough power under the articles, the states had more power than national government, and the fear many people held of the national government having too much power. The constitution of 1787 was an attempt to resolve the weakness of the articles of confederation. James Madison was an important political thinker. He questioned sovereignty and limiting power. Madison’s answer was that power at all levels of government, was decided upon by the people, therefor the federal government and state government were both sovereign ( Brinkley, 165).
The overall construction of the Constitution designates that Congress may not direct State officials: “The Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals,not States.” It is the President's job, under the Constitution, to oversee execution of federal laws, but “The Brady Act effectively transfers this responsibility to thousands of CLEOs in the fifty States, who are left to implement the program without meaningful Presidential control”. However, Justice John Paul Stevens argued that the majority opinion misinterpreted Congress's power under the Constitution. Congress may not wrest the powers that the Constitution reserves to the States, but when it exploits its legitimate constitutional powers,
Article 1 section 9 of the Constitution states that the privilege of the Habeas Corpus cannot be suspended unless in cases of rebellion invasion in which naturally the public safety is threatened. On the other hand, the article 1 of the Constitution deals with the legislative branch, which may suggest that it is the Congress who gets to decide to suspend the writ. Lincoln agreed to some extent that it is the Congress who was vested with this particular power but he maintain that the Constitution does not specify which branch legislative or executive is to exercise that power. He continues by arguing that it is hardly believable that the framers would live such an emergency power to the Congress who would need time to organize an assembly while it might be too late. Lincoln argued that the executive branch is more equipped to exercise that power due to the fact that the decision can be made much
Congress give bureaucracies the ability to carry out their policies how they choose. This leaves the doors wide open. Congress does this because if the agency did not, then congress would be swamped with trying to establish how to carry out the policy. Another reason congress has the agency do their own policy making is that they have experts on the topic, compared to congress. Agencies know needs to be done to uphold their ideas.
The Articles of Confederation gave Congress a set of rules and definite their power for certain sectors of the
2- The congress shall have power to enforce this article by appropriate legislation” this is how the 15th Amendment is written in the
“Congress has constitutional authority over spending; it decides how much money will be appropriated for agency
The first article of the Constitution says "ALL legislative powers...shall be vested in a Congress." The second article then reads "the executive power...in a President." The third article gives the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."
The United States Congress consists of the United States House of Representatives and the United States Senate which all are a part of the legislative branch. The primary goal of the Congress is to represent citizens’ interest in national politics and to make laws of the nation. There are three ways Congressional members can make decisions. The Congress can represent the citizens as a trustee.
The notion of a living Constitution has greatly developed the American system. It has brought innovative perspectives on how the courts should be responding to constitutional situations. As well, it creates a basis for society to grow through means of acceptance and progressive viewpoints. The constitution should not be used to fit policy outcomes, and that would be the intent originalists seem to push for. Furthermore, there are two distinct reasons why the argument for the living constitution is stronger then the argument for the original intent.
