The Powers of Congress — and the Ones It Has Given Away
When Americans think of Congress, they often picture partisan gridlock or endless debate. But step back, and the Constitution actually gives Congress a sweeping set of powers. Article I, Section 8 lays them out — everything from raising taxes to declaring war. Over time, though, Congress has also delegated many of those powers to the president, to federal agencies, to the courts, and even to local governments. Understanding both sides — what Congress can do, and what it has handed off — gives us a clearer picture of how American government works today.
What Congress Can Do
The Constitution gives Congress an impressive toolkit. Here are the broad categories:
Money and the economy. Congress can collect taxes, borrow money, coin money, and set uniform bankruptcy laws. It also has the “power of the purse” — funding government operations and paying off debts.
Commerce and trade. Congress regulates business across state lines, with other countries, and with Native tribes.
National standards. It sets the rules for citizenship, weights and measures, patents and copyrights, and punishes counterfeiting.
Courts and justice. Congress creates lower federal courts, defines crimes like piracy and treason, and sets punishments.
Defense and security. Congress declares war, funds the military, and oversees the National Guard.
Government authority. It governs Washington, D.C., manages U.S. territories, and admits new states.
Elections and succession. If no president or vice president qualifies, Congress decides the backup plan.
Civil rights enforcement. Amendments empower Congress to enforce rights like ending slavery, guaranteeing equal protection, and protecting the vote.
The “necessary and proper” clause. Congress can make any laws needed to carry out these powers — giving it flexibility to meet new challenges.
On paper, Congress is the central engine of American lawmaking.
What Congress Has Delegated
But in practice, Congress hasn’t kept all of this power to itself. Over the last century, it has handed off significant authority.
To the President. Congress alone can declare war — but presidents have committed troops to conflicts since World War II without formal declarations. Congress has also delegated authority over tariffs, trade sanctions, and special emergency powers to the executive branch.
To Agencies. Congress writes broad laws, but agencies like the EPA, FDA, and SEC fill in the details with regulations. This is known as “delegated rulemaking.” For decades, courts deferred to agency expertise, though the Supreme Court’s recent Loper Bright decision has limited that deference.
To the Courts. Congress makes the laws, but the Supreme Court often ends up interpreting them — sometimes narrowing or expanding rights that Congress meant to protect.
To Local Governments. Congress has constitutional authority over Washington, D.C., and the territories. But through “home rule,” it has delegated much day-to-day lawmaking to local legislatures, even though Congress still retains the power to override them.
Why It Matters
The framers of the Constitution designed Congress to be the most powerful branch of government — the one closest to the people. Yet over time, much of that authority has shifted. Presidents have claimed more control over war and trade. Agencies have become the detailed rulemakers. Courts have taken a central role in defining rights. And local governments now legislate in spaces Congress technically controls.
The result? Congress is both powerful and limited — holding vast constitutional authority, but often sharing or surrendering it.
