The Commerce Clause and congressional regulatory powers

¶ … Commerce Clause and the Powers it Gives Congress

Commerce Clause

The United States Congress is the most powerful authority within the North American country, and not only this, but it exercises its power onto most global regions. The current research will focus on the powers of the Congress as stipulated by the U.S. Constitution, with emphasis on the Commerce Clause. Additionally, it will also analyze the implied and the necessary and probable clause.

Powers of the Congress

The powers of the United States Congress are stipulated in the Constitution, within the first article, the eight section: Scope of Legislative Power, which, amongst other things, mentions the following rights of the Congress:

The financial responsibility falls on the shoulders of the Congress, which is able to collect taxes and borrow money; the condition is however for it to ensure an even distribution of the financial resources collected

The Congress has the power to regulate trade operations with various states, as well as the Indian tribes

The Congress has the power to regulate the matter of naturalization and bankruptcies through the issuing of the necessary legislation

The Congress has the power to coin money and set the exchange rates against other international currencies

The Congress has the power to establish post offices and post roads, to promote activities related to art and science and to establish courts of law, inferior in power and importance to the Supreme Court (Cornell University Law School)

Implied Powers, the Necessary and Proper Clause

The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context. They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it" (Answers, 2009).

Conclusions

The United States Congress operates in accordance with the rights granted to it within the U.S. Constitution. The powers of the political institution are organized within the first article, section eight and, amongst others, include the Congress' right to rule the trade operations, make legislation, issue coin and set the currency exchange rates. Despite the fact that the Constitution is generally a clear document, it has some areas which leave room for interpretation, in the meaning that the decision to be made at a certain time is entirely up to the Congress -- this constitutes for grey areas.

References:

2009, Necessary and Proper Clause, Answers, http://www.answers.com/topic/necessary-and-proper-clause last accessed on August 12, 2009

Commerce Clause Limitations on State Regulation, University of Missouri-Kansas City School of Law, http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm last accessed on August 12, 2009

The Constitution of the United States of America, Cornell University Law School, http://www.law.cornell.edu/constitution/constitution.overview.html last accessed on August 12, 2009