Article I, Section 8

Clause 1 Congress possesses the power to levy and collect various taxes in order to finance government operations. All federal taxes must have the same rate nationwide.

Clause 2 Congress can borrow money to finance the Government. The sale of bonds is the most common way for this borrowing to occur. There is no limit on the amount that can be borrowed.

Clause 3This is the Commerce Clause which empowers Congress to regulate foreign and interstate trade, as well as trade with Indian tribes.

Clause 4 Congress may set the rules for how aliens can become citizens of the United States. Congress can pass laws relating to bankruptcy.

Clause 5 Congress can regulate U.S. currency and it's value. It can set and require uniform standards of weight and measure; including time, distance, weight, and area.

Clause 6 Congress may make it a federal crime to produce false coins, paper currency, bonds, and stamps of the United States.

Clause 7 Congress may provide for and regulate the transportation and delivery of mail. "Post offices" are buildings where mail is deposited for dispatch. "Post roads" are all routes over which mail is carried.

Clause 8 Congress can provide for copyrights and patents. This gives authors, composers, or inventors the exclusive right to control their writing, music, or invention.

Clause 9 Congress can create a system of lower federal courts.

Clause 10 Congress may define and punish crimes committed on international waters and those committed against foreign nations.

Clause 11 Congress possesses the sole power to declare war. However, the president can use his power as Commander in Chief of the military to make undeclared war. Letters of marque and reprisal were authorizations that let private individuals outfit ships to capture and destroy enemy ships in times of war. The Declaration of Paris of 1856 forbade them and we have kept with this ban since the Civil War, thus negating the power of Congress to issue them.

Clause 12 Congress may form and fund armies, but money cannot be appropriated for these armies for more than a two year period.

Clause 13 Congress may form and fund a navy.

Clause 14 Congress may set rules for the government and regulation of the army and navy. Today, one can find these rules in the Uniform Code of Military Justice, passes in 1950.

Clause 15 Congress may call on local militias to enforce laws, suppress rebellions, and protect against invasions.

Clause 16 Congress may organize, arm, and discipline the militia. The states reserve the power to appoint officers and regulate the training of the militia, according to rules suggested by Congress.

Clause 17 Congress may establish a national capital by obtaining land from States and taking full responsibility for its governing and formation. Congress also has the power to acquire land in other states for various federal purposes.

Clause 18 This clause is called the Necessary and Proper Clause or Elastic Clause. It allows Congress to make all laws which it considers necessary and proper to fulfilling its duties.

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© Copyright 1997 Jonathan Chin & Alan Stern