Whose power is it?
The Constitution lists what Congress can do, one power at a time. Eighteen clauses, and every one belongs to the people's representatives. Here they are in plain English, next to the original words, and next to what has happened to 13 of them lately.
Powers the Constitution lists by name. Clauses 1 through 17 below: taxes, trade, money, courts, war, the military. If it is on the list, it is Congress's job.
Clause 18, the "necessary and proper" clause, lets Congress pass the laws it needs to use the listed powers. Every federal agency exists because Congress created it by law.
A president who taxes, trades, wages war, and deploys troops on his own is doing Congress's job without a vote. That is how a republic turns into a kingdom. No kings.
The eighteen powers
Congress sets taxes and duties, and decides how the money is spent on the country's debts, defense, and general welfare.
“To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
Congress borrows money on the country's credit, and the country has to pay it back on the terms it agreed to.
“To borrow Money on the credit of the United States;”
Congress regulates trade with other countries, between the states, and with tribal nations.
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
Congress writes one set of rules for becoming a citizen, the same in every state, plus the bankruptcy laws.
“To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”
Congress coins money, sets its value, and fixes the standard weights and measures.
“To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;”
Congress sets the punishment for faking the country's money and securities.
“To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;”
Congress establishes post offices and the roads the mail travels on.
“To establish Post Offices and post Roads;”
Congress protects writers and inventors for a limited time, so new ideas pay off.
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”
Congress creates every federal court below the Supreme Court.
“To constitute Tribunals inferior to the supreme Court;”
Congress defines and punishes piracy, crimes at sea, and offenses against international law.
“To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;”
Congress, and only Congress, declares war.
“To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”
Congress raises and pays for the Army, two years at a time, so the military always answers to the people's purse.
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;”
Congress builds and maintains the Navy.
“To provide and maintain a Navy;”
Congress writes the rules the armed forces live by.
“To make Rules for the Government and Regulation of the land and naval Forces;”
Congress decides when the militia, today's National Guard, can be called out: to enforce the law, put down an insurrection, or repel an invasion.
“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;”
Congress organizes, arms, and disciplines the Guard. The states keep the right to appoint its officers and train it.
“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;”
Congress governs Washington, D.C., and federal property like forts and dockyards.
“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;”
Congress can pass the laws it needs to carry out every power above. This is where the government's agencies come from: Congress creates them by law.
“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.”
The founders wrote it down so nobody could take it. Read it. Then call your representative.
Constitutional text is quoted exactly from the National Archives transcription. Plain-English summaries are ours. Every "On the Record" note links to a dated, sourced entry.