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The power of congress is to make laws. Additionally,as an incident to that power,congress can conduct hearings and investigations,consider those matters that form the basis on which Congress may enact legislation,and perform other duties that are“necessary and proper”to the enacting legislation pursuant to Article I,Section I.
The Constitution grants Congress a number of specific powers,many of which are enumerated in Article I,Section 8. It also grants Congress auxiliary power under the Necessary and Proper Clause.
The Necessary and Proper Clause grants Congress the power to make all laws necessary and proper（i. e. ,appropriate）for carrying into execution any power granted to any branch of the federal government.
Congress has the power to lay and collect taxes,imposts,and excises,but they must be uniform throughout the United States.
Capitation
or other direct taxes must be laid in proportion to the census,and direct taxes must be apportioned among the states.
Congress may spend to“provide for the common defense and general welfare. ”This spending may be for any public purpose—not merely the accomplishment of other enumerated powers. However,nonspending regulations are not authorized. Remember that the Bill of Rights still applies to this power.
Article I,Section 8,Clause 3 empowers Congress to“regulate commerce with foreign nations and among the several states,and with the Indian tribes. ”
（1）Definition of Commerce
（a）Includes Basically All Activity Affecting Two or More States
ChiefJustice Marshall in Gibbons v. Ogden ,22 U. S. 1（1824）,defined commerce as“every species of commercial intercourse which concerns more states than one”and included within the concept virtually every form of activity involving or affecting two or more states.
（b）Include Transportation or Traffic
The Court has consistently regarded transportation or traffic as commerce whether or not a commercial activity is involved.
（2）“Substantial Economic Effect”
The Supreme Court has sustained congressional power to regulate any activity,local or interstate,that either it itself or in combination with other activities has a“substantial economic effect upon,”or“effect on movement in,”interstate commerce.
Article I,Section 8 gives Congress the power to declare war,raise and support armies,provide for and maintain a navy,make rules for the government and regulation of the armed forces,and organize,arm,discipline,and call up the militia. Of course,several other congressional powers may have direct or indirect application to military purpose:tax and spending power,commerce power,Senate's treaty consent power,maritime power,investigatory power,etc.
The power to investigate to secure information as a basis for potential legislation or other official action（such as impeachment or trying impeachments）is a well‐established implied power. It is a very broad power,in that an investigation need not be directed toward enactment of particular legislation,but the following limitations on its use do exist.
Congress has the power to“dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. ”Many other congressional powers（war,commerce,postal,fiscal,etc. ）obviously would be unworkable if the
ancillary power
to acquire and dispose of property of all kinds—real,personal,and intangible—were not also implied from the main grants.
Congress has no general
police power
（i. e. ,power to legislate for the health,welfare,morals,etc. ,of the citizens. ）
Article I,Section 8,Clause 4 empowers Congress“to establish uniform laws on the subject of bankruptcies throughout the United States. ”This power has been interpreted by the Supreme Court as nonexclusive；i. e. ,state legislation in the field is superseded only to the extent that it conflicts with federal legislation therein.
Article I,Section 8,Clause 7 empowers Congress“to establish post offices and post roads. ”
（1）Exclusive
The postal power has been interpreted as granting Congress a postal monopoly. Neither private business nor the states may compete with the Federal Postal Service absent Congress's consent.
（2）Scope of Power
Congress may validly classify and place reasonable restrictions on use of the mails,but may not deprive any citizen or group of citizens of the general mail“privilege”or regulate the mail in such a way as to abridge freedom of speech or press（except under valid standards,such as“obscenity”）or violate the ban of the Fourth Amendment against unreasonable search and seizure.
Article I,Section 8,Clause 4 empowers Congress“to establish a uniform rule of naturalization. ”
Exclusion of Aliens
Congress's power to exclude aliens is broad
（a）Nonresident Aliens
Aliens have no right to enter the United States and can be refused entry because of their political beliefs.
（b）Resident Aliens
Resident aliens are entitled to notice and hearing before they can be deported.
Although congressional power to legislate in maritime matters is not expressed in the Constitution,the Supreme Court has implied it from exclusive jurisdiction given the federal courts in this field by ArticleⅡ,Section 2,supported by the Necessary and Proper Clause of Article I,Section 8.
Congress has the power to coin money and fix the standard of weights and measures under Article I,Section 8,Clause 5.
Congress has the power to control the issuance of patents and copyrights under Article I,Section 8,Clause 8.
Congress has broad discretion to delegate its legislative power to executive officers and/or administrative agencies,and even delegation of rulemaking power to the courts has been upheld.
（1）Power Cannot Be Uniquely Confined to Congress
To be delegable,the power must not be uniquely confined to Congress. For example,the power to declare war cannot be delegated,nor the power to impeach.
（2）Clear Standard
It is said that delegation will be upheld only if it includes intelligible standards for the delegate to follow. However,as a practical matter almost anything will pass as an“intelligible standard”（e. g. ,“upholding public interest,convenience,or necessary”）.
（3）Separation of Power Limitations
While Congress has broad power to delegate,the separation of powers doctrine restricts Congress from keeping certain over certain delegates. For example,Congress cannot give itself the power to remove an officer of the executive branch by any means other than impeachment（e. g. ,if Congress delegates rulemaking power to an executive branch agency（e. g. ,the FCC）,it may not retain the power to fire the agency head）. Similarly,Congress cannot give a government employee who is subject to removal by Congress（other than by impeachment）purely executive powers.
（4）Important Liberty Interests
If the delegate interferes with the exercise of a fundamental liberty to right,the burden falls upon the delegate to show that she has the power to prevent the exercise of the right and her decision was in furtherance of that particular policy.