Why This Matters
Congressional powers sit at the heart of the AP US Government exam because they illustrate how the Framers designed a system of separated powers and checks and balances. You're not just being tested on what Congress can do—you're being tested on why these powers exist and how they interact with the executive and judicial branches. Every power Congress holds connects back to core principles: popular sovereignty, limited government, federalism, and republican governance.
When you encounter congressional powers on the exam, think about the underlying mechanisms. Is this an enumerated power explicitly listed in Article I, Section 8? Is it an implied power derived from the Necessary and Proper Clause? Does it function as a check on another branch? Don't just memorize the list—know what constitutional principle each power demonstrates and be ready to explain how these powers create tension and balance in the federal system.
Fiscal Powers: Controlling the Nation's Money
The Constitution grants Congress extensive control over federal finances, reflecting the Framers' belief that the power to tax and spend should rest with the people's representatives. These powers ensure democratic accountability over how the government raises and uses money.
Power to Levy Taxes
- Revenue-raising authority under Article I, Section 8—Congress can impose taxes to fund government operations, making this the foundation of federal fiscal power
- Origination Clause requires all revenue bills to start in the House of Representatives, reflecting the Framers' intent that the chamber closest to the people control taxation
- Direct taxes must be apportioned among states by population, a constitutional requirement that shaped early tax policy
Power to Borrow Money
- Credit of the United States—Congress authorizes borrowing through government bonds when tax revenues fall short of spending needs
- Deficit management allows funding of programs during economic downturns or emergencies without immediate tax increases
- National debt ceiling debates illustrate ongoing tensions between fiscal responsibility and government obligations
Power to Coin Money
- Exclusive federal authority to mint currency and regulate its value prevents states from creating competing monetary systems
- Monetary stability ensures a unified national economy—a direct response to the chaos of state currencies under the Articles of Confederation
- Federal Reserve System now manages monetary policy, though Congress retains constitutional authority over currency
Power of the Purse (Appropriations)
- Appropriations authority gives Congress control over all federal spending, determining how every government dollar is allocated
- Check on the executive—the President cannot spend money without congressional authorization, limiting executive power
- Budget process requires annual appropriations bills, giving Congress recurring leverage over executive branch priorities
Compare: Power to levy taxes vs. Power of the purse—both involve money, but taxation is about raising revenue while appropriations control spending it. FRQs often ask how Congress uses fiscal powers to check the executive; appropriations is usually your strongest example.
War and Military Powers: National Defense Authority
The Constitution divides military authority between Congress and the President, with Congress holding the power to authorize and fund military action while the President serves as Commander-in-Chief. This division creates ongoing tension over war powers.
Power to Declare War
- Sole congressional authority to formally declare war ensures military action requires collective legislative approval, not unilateral executive decision
- Check on presidential power—the Framers deliberately separated the power to declare war (Congress) from the power to conduct war (President)
- Modern practice has shifted toward presidential military action without formal declarations, creating constitutional debates about war powers
Power to Raise and Support Armies
- Military establishment authority includes creating, funding, and maintaining all armed forces—Army, Navy, Air Force, and other branches
- Budget control over military spending gives Congress leverage over defense policy and military operations
- Organizational authority extends to military academies, force structure, and regulations governing armed forces discipline
Compare: Power to declare war vs. Power to raise armies—declaring war is a one-time authorization, while raising armies involves ongoing funding and organization. On the exam, remember that Congress's real leverage over military policy often comes through the budget, not formal declarations.
Legislative Powers: Making and Shaping Law
Congress's core function is lawmaking, but this power extends beyond simply passing bills. The Constitution grants Congress broad authority to regulate national affairs through the Commerce Clause and the Necessary and Proper Clause, which together have dramatically expanded federal legislative reach.
Power to Make Laws
- Bicameral requirement—legislation must pass both the House and Senate in identical form before reaching the President
- Necessary and Proper Clause (Elastic Clause) allows Congress to pass laws "necessary and proper" for executing its enumerated powers, creating implied powers
- Commerce Clause authority to regulate interstate commerce has justified expansive federal legislation, from civil rights laws to environmental regulations
Power to Regulate Commerce
- Interstate and international trade regulation ensures economic stability and prevents states from creating trade barriers against each other
- Broad interpretation established in Gibbons v. Ogden (1824) expanded congressional authority over anything affecting interstate commerce
- Limits exist—United States v. Lopez (1995) held that Congress cannot regulate activity with no substantial connection to interstate commerce
Compare: Enumerated powers vs. Implied powers—enumerated powers like regulating commerce are explicitly listed in Article I, Section 8, while implied powers derive from the Necessary and Proper Clause. McCulloch v. Maryland (1819) established that implied powers are constitutional when connected to enumerated powers.
Checks on Other Branches: Maintaining Balance
Several congressional powers exist specifically to check the executive and judicial branches, ensuring no single branch dominates the federal government. These powers reflect the Framers' commitment to separation of powers and checks and balances.
Power of Impeachment
- House impeaches, Senate tries—the House needs only a simple majority to impeach, but the Senate requires a two-thirds vote to convict and remove
- "High crimes and misdemeanors" standard applies to the President, Vice President, and all federal officers including judges
- Political process rather than criminal trial—impeachment is Congress's ultimate check on executive and judicial misconduct
Power to Override Presidential Vetoes
- Two-thirds majority required in both chambers to override, making successful overrides relatively rare
- Legislative supremacy mechanism ensures Congress can enact laws despite presidential opposition when supermajority support exists
- Bipartisan requirement in practice—overrides typically require significant cross-party cooperation
Power to Confirm Presidential Appointments
- Senate advice and consent required for Supreme Court justices, cabinet members, ambassadors, and other key positions
- Confirmation hearings allow scrutiny of nominees' qualifications, ideology, and backgrounds before the Senate Judiciary Committee
- Check on judicial appointments can shift the ideological balance of federal courts over time
Power to Ratify Treaties
- Two-thirds Senate vote required for treaty ratification, ensuring broad consensus on international commitments
- Executive-legislative collaboration required—Presidents negotiate treaties, but they have no force without Senate approval
- Alternative mechanisms like executive agreements allow Presidents to bypass treaty ratification, creating ongoing constitutional tension
Compare: Impeachment vs. Confirmation power—both involve Senate proceedings, but impeachment removes officials while confirmation approves them. Note that impeachment requires House initiation, while confirmations are Senate-only. Both serve as checks on the executive branch.
Structural Powers: Shaping Government Institutions
Congress holds authority to organize the federal government itself, including creating courts and proposing constitutional changes. These powers allow the legislative branch to shape the structure within which all branches operate.
Power to Establish Federal Courts
- Article III courts below the Supreme Court are created entirely by congressional statute, not the Constitution itself
- Jurisdiction control allows Congress to determine what cases federal courts can hear, within constitutional limits
- Structural authority includes setting the number of judges, creating specialized courts, and organizing the federal judiciary
Power to Propose Constitutional Amendments
- Two-thirds majority in both House and Senate required to propose amendments to the states
- Ratification requirement—proposed amendments must be approved by three-fourths of state legislatures or conventions
- Response to Court decisions—Congress can use this power to overturn Supreme Court interpretations of the Constitution
Power to Set Its Own Rules and Punish Members
- Internal autonomy—each chamber establishes its own procedures for debates, voting, and committee operations
- Disciplinary authority includes censure and expulsion of members for misconduct (expulsion requires two-thirds vote)
- Procedural differences between chambers—the Senate's filibuster and cloture rules versus the House Rules Committee's control over debate
Compare: Establishing federal courts vs. Confirming judges—Congress creates court structures through legislation but fills judicial positions through the confirmation process. Both represent congressional influence over the judiciary, but through different mechanisms.
Quick Reference Table
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| Fiscal/Economic Powers | Levy taxes, Borrow money, Coin money, Appropriations |
| Military/War Powers | Declare war, Raise and support armies |
| Legislative Authority | Make laws, Regulate commerce (Commerce Clause) |
| Checks on Executive | Override vetoes, Confirm appointments, Impeachment, Ratify treaties |
| Checks on Judiciary | Establish federal courts, Confirm judges, Propose amendments |
| Implied Powers Source | Necessary and Proper Clause (Elastic Clause) |
| Internal Governance | Set own rules, Punish/expel members |
| Constitutional Change | Propose amendments (two-thirds both chambers) |
Self-Check Questions
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Which two congressional powers most directly illustrate the "power of the purse" as a check on the executive branch, and how do they differ in function?
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Compare the power to declare war with the power to raise armies—why did the Framers separate these functions, and which gives Congress more practical leverage over military policy today?
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If an FRQ asks you to explain how Congress checks the judicial branch, which three powers would you discuss, and what constitutional principle do they collectively demonstrate?
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The Commerce Clause and the Necessary and Proper Clause have both been used to expand congressional authority. How do Gibbons v. Ogden (1824), McCulloch v. Maryland (1819), and United States v. Lopez (1995) illustrate the scope and limits of these powers?
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Identify two congressional powers that require a two-thirds supermajority and explain why the Framers set this higher threshold for these specific actions.