Article I

The Constitution, Article I, Section 8

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.

Enumerated powers

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.

Implied powers

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.

Why it matters

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.

Whose power is it? Ours.
Fund the fight for the Constitution: 8,647 numbered red hats, each with a pocket Constitution inside.

The eighteen powers

1Taxing and spending

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;”

On the Record
Tariffs are duties, and duties belong to Congress. The president set them himself under an emergency law, and the Supreme Court struck those tariffs down on February 20, 2026, after Americans had already paid them. See the receipts
2Borrowing

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;”

3Commerce

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;”

On the Record
Trade with other countries is Congress's to regulate. Tariffs set by one man, then reversed by the Supreme Court, are the opposite of that. See the receipts
4Naturalization

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;”

On the Record
Congress writes the rules for becoming a citizen. The Justice Department has filed more than 200 cases to strip citizenship from naturalized Americans, with 250 the stated target by the end of October 2026. See the receipts
5Money

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;”

On the Record
The president took in $1.4 billion from his family's crypto ventures in 2025 while his administration loosened the rules on crypto. See the receipts
6Counterfeiting

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;”

7Post offices

Congress establishes post offices and the roads the mail travels on.

“To establish Post Offices and post Roads;”

On the Record
The Postal Service finalized a rule carrying out the president's mail-ballot order, saying it would decline to deliver ballots in states that don't hand over a required voter list. “I don't get to decide what rules that are put on us,” the Postmaster General said. The Supreme Court kept the rule out of the November elections. See the receipts
8Copyrights and patents

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;”

9The federal courts

Congress creates every federal court below the Supreme Court.

“To constitute Tribunals inferior to the supreme Court;”

On the Record
Whistleblowers say a Justice Department official told lawyers they might need to tell these courts “fuck you.” He denies it. The Senate gave him a lifetime seat on one of them. A top White House aide said suspending habeas corpus depends on whether the courts “do the right thing.” See the receipts
10Piracy and international law

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;”

On the Record
On September 2, 2025, two survivors clinging to the wreck of a suspected drug boat were killed in a second U.S. strike. The Washington Post reported the Defense Secretary ordered everyone aboard killed. He denies it. See the receipts
11War

Congress, and only Congress, declares war.

“To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

On the Record
The United States went to war with Iran on February 28, 2026. Congress never voted to declare it. See the receipts
12The Army

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;”

13The Navy

Congress builds and maintains the Navy.

“To provide and maintain a Navy;”

14Rules for the military

Congress writes the rules the armed forces live by.

“To make Rules for the Government and Regulation of the land and naval Forces;”

On the Record
The Defense Secretary sent the timing of a strike on Yemen over Signal from his personal phone. The Pentagon's own Inspector General found it put the mission and the troops at risk. See the receipts
15Calling out the Guard

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;”

On the Record
4,000 Guard members and 700 Marines went into Los Angeles. A federal judge found there was no rebellion and that the deployment violated the Posse Comitatus Act. Courts blocked Chicago and Portland before troops reached the streets. See the receipts
16Running the Guard

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;”

On the Record
The Guard was built to answer to the states. Troops were sent into Los Angeles and Washington, and ordered toward Portland and Chicago, over the objections of the people who run those cities. Courts stopped the last two. See the receipts
17The capital

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;”

On the Record
About 2,500 Guard troops were sent into the capital that Congress governs. See the receipts
18Necessary and proper

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.”

On the Record
Congress created the Department of Education by law. The administration laid off nearly half its staff. A district court found the true intention was to effectively dismantle the department; the Supreme Court let the layoffs proceed while the lawsuit continues. See the receipts

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.

Congress has the power. So do you.
Every hat carries one vote on where the money goes.