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      Inherent Powers of Congress

      James B Greer by James B Greer
      October 10, 2022
      Reading Time: 5 mins read
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      Inherent Powers of Congress

      Does Congress have Inherent Powers?

      Inherent powers are required to assist the governing structures in performing their responsibilities. This type of authority is a necessary power that works to provide boundaries for the President and Congress to make decisions and execute them. These decisions vary significantly, meaning institutions need autonomy to deliberate and enact them. The central government cannot supervise every decision, which is impractical and inefficient.

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      Congress has the power to participate in regulating immigration, acquiring territory, and ending labour strikes. The U.S. Constitution does not expressly advocate for inherent powers to Congress. Inherent powers are given to governments of all sovereign nations for logical reasons

      What Inherent Powers does Congress Possess?

      Controlling the Nation’s Borders

      Congress is responsible for enacting the people’s will; therefore, they have the most significant influence on immigration policy. This issue has been controversial in the U.S. However, since these powers are not expressly granted to the federal government, they fall to Congress.

      Diplomatic Recognition

      Congress has the power to decide which nations the U.S. will recognize are sovereign. Some governments are not provided with diplomatic recognition for varying reasons; however, Congress is the driving force behind this legislation. 

      Acquire New Territories 

      For national expansion, Congress can vote to invade and conquer new territories. These actions are rare, unlike in colonial times; however, Congress has the power to move for it. This power is shared between the President and Congress; however, if the President chooses to invade a country, Congress must approve. If Congress votes to invade a country, then the President has little influence over the decision.  

      Defending U.S. Territory

      Revolutions and invasions are a possibility for numerous nations around the world. Congress has the power to call upon the military to defend the integrity of the U.S. from outside invaders.

      What are the Five Powers of Congress

      Legislative Power 

      The Constitution prescribes that Congress is the sole holder of all legislative power in the government. Congress forms one part of the three coequal branches of the U.S. government. This section of the government is the only part of the government that can make new laws or change existing laws. The nation’s executive has to issue regulations with the full force of law at specific points. This action can only, however, be enacted under the authority of rules created by the U.S. Congress. The President of the country has a level of influence available to veto bills passed by Congress. Congress remains superior in this regard because the legislative branch can also override a Presidential veto by establishing a two-thirds majority vote from the Senate and the House of Representatives.

      Necessary and Proper Powers

      Article I of the U.S. Constitution gives Congress the power to legislate in specific areas. This logical rule is key to empowering practical laws deemed “necessary and proper”. Without these powers, it would be challenging to execute the powers given to any part of the government under the Constitution.

      Preparing the National Budget

      Congress’s legislative authority provides them with the power to deliberate and establishes the annual government budget. This lawmaking body prescribes the taxes and tariffs levied on people and businesses. This power is vital to successfully funding government services and personnel. There will likely be severe service delivery shortages without a clear and equal budget. To cushion the nation, Congress also has the power to authorize borrowing. This action will assist the lawmakers in adding up the difference. Congress’s budgeting powers also give the authority to mandate spending on specific items. This task covers the spending the country should undertake for a particular project or government agency.

      Investigation

      Congress has extensive investigative authority. This branch of government is key to getting justice for the nation on issues affecting citizens. These powers are used to compel the production of evidence or testimonies. Congress can do this whenever it deems the proceedings to be necessary. Members of Congress are directly responsible for attending hearings and investigations. The branch is broken up into committees that can deliberate and pass judgement on matters. A congressional subpoena is issued to those who fail to arrive for a hearing. This problem can lead to Congress giving charges of contempt of Congress. The punishment for this is often a prison term.

      Ratification

      Congress can only implement changes to treaties if there is a two-thirds consensus vote. These votes are necessary as they represent the will of the people in confirming any appointments of the President by a majority vote. Editing trade agreements and authorising the Vice President are other common ratifications of Congress.

      Inherent Powers of Congress Examples

      Declaring a War

      The actual declaration of war can be considered an implied power. Mobilizing troops, approving funding and communicating this to the citizens becomes an inherent power. The U.S. congress acts on behalf of citizens in a sovereign authority. This power is inherently found in their power to defend the nation. The lawmaking branch also has the power to effect a transition from war to peace.

      Immigration and Deportation

      Congress has the authority to decide on how to handle immigrants. This power involves establishing terms and conditions for entry into the U.S. This particularly relates to the principle of sovereignty of the nation.

      Foreign Affairs 

      The U.S. Congress manages international treaties and diplomatic relations. This lawmaking body can establish recognition of newly formed sovereign nations. The body also monitors the country’s borders.

      James B Greer

      James B Greer

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