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Simple English definitions for legal terms
congressional power
Read a random definition: know all men by these presents
A quick definition of congressional power:
Congressional power is the ability of Congress to make laws. The U.S. Constitution lists the powers of Congress, including making laws about trade, taxes, and defense. Congress also has the power to investigate, spend money, and create rules about things like property and patents. Some powers are shared with state governments, but if Congress uses a power, it can sometimes stop states from using that power too.
A more thorough explanation:
Congressional powers refer to the authority given to the United States Congress to create laws. These powers are listed in Article I of the U.S. Constitution and are called enumerated powers.
- Legislative power: Congress has the power to make laws.
- Commerce power: Congress has the power to regulate commerce between states and with foreign nations.
- Investigatory power: Congress has the power to investigate matters related to its legislative duties.
- Taxing power: Congress has the power to levy and collect taxes.
- Spending power: Congress has the power to spend money for the general welfare of the United States.
- War and defense powers: Congress has the power to declare war, raise and support armies, and provide for the common defense.
These examples illustrate how Congress has the power to create laws and regulations that affect the entire country. For example, the commerce power allows Congress to regulate trade between states and with foreign nations, which can impact the economy and businesses across the country. The war and defense powers give Congress the ability to make decisions about national security and military actions that affect the safety of all Americans.
It's important to note that Congress shares some powers with state governments, and any powers not specifically given to Congress are reserved for the states. Additionally, the exercise of certain congressional powers can sometimes prevent states from also exercising those powers, which is known as the preemption doctrine.