Studies in Civics Part 23

Read Woodrow Wilson's Congressional Government, pp. 40, 41, 52, 219, 228, 283-5, 311. Also, Among the Lawmakers, Chapter 33.

CHAPTER XXII.

SECTION VIII.--POWERS VESTED IN CONGRESS.

_Clause 1.--Taxation._

_Congress shall have power:_

_To lay and collect taxes[1], duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;[2] but all duties, imposts and excises shall be uniform throughout the United States.[3]_

For discussion of methods of taxation, see page 316.

[1] The want of power in congress to impose taxes was, perhaps, the greatest defect of the articles of confederation; therefore in the const.i.tution this was the first power granted to congress.

[2] As usually interpreted, the phrase beginning, "to pay the debts," is intended to state the purposes for which taxes may be levied. But this limitation is merely theoretical, for taxes are levied before being expended.

[3] This is to prevent legislation in favor of any state or section, as against other states or sections.

_Clause 2.--Borrowing._

_To borrow money on the credit of the United States._

It should not be necessary, ordinarily, for congress to exercise this power. But in times of war the regular sources of income may not be sufficient, hence the necessity of this power to provide for extraordinary expenses. It is one of the prerogatives of sovereignty; it is indispensable to the existence of a nation.

For more about national borrowing, see page 317.

_Clause 3.--Regulation of Commerce._

_To regulate commerce[1] with foreign nations, and among the several states,[2] and with the Indian tribes.[3]_

[1] The power to regulate commerce implies the power to prescribe rules for traffic and navigation, and to do such things as are necessary to render them safe. It has been interpreted to cover, among other things, the imposition of duties, the designation of ports of entry, the removal of obstructions in bays and rivers, the establishment and maintenance of buoys and lighthouses, and legislation governing pilotage, salvage from wrecks, maritime insurance, and the privileges of American and foreign ships.

[2] The power to regulate commerce with foreign nations should go hand in hand with that of regulating commerce among the states. This power had, under the confederation, been in the hands of the several states. Their jealousies and rivalries had led to retaliatory measures upon each other.

This condition of affairs was encouraged by other nations, because they profited by it. At the time of the adoption of the const.i.tution, business was terribly depressed, and the bitterness of feeling among the states would probably soon have disrupted the Union. Therefore, "to insure domestic tranquility," and "to promote the general welfare," the power to regulate commerce was delegated to the general government.

[3] This control is exercised even when the Indians live within the boundaries of a state.

By placing the power to regulate commerce with Indians in the hands of the general government it was hoped that uniformity of regulations and the strength of the government would secure peace and safety to the frontier states.

_Clause 4.--Naturalization and Bankruptcy._

_To establish a uniform rule of naturalization[1] and uniform laws on the subject of bankruptcies[2] throughout the United States._

[1] Naturalization is the process by which an alien becomes a citizen. The mode is given on page 319.

[2] A bankrupt is one who has been declared by a court to be owing more than he can pay.

The purposes of a bankrupt law are:

1. To secure an equitable distribution of all the debtor's property among the creditors.

2. To secure to the debtor a complete discharge from the indebtedness.

_Clause 5.--Coinage and Measures._

_To coin money,[1] regulate the value thereof[2] and of foreign coin,[3]

and fix the standard of weights and measures.[4]_

[1] This is another "sovereign power," and cannot be exercised by states, counties or cities. Coinage by the United States secures uniformity in value, and thereby facilitates business.

To "coin money" is simply to stamp upon a precious metal the value of the given piece. [Footnote: When metals were first used as money, they were weighed and their purity was determined by testing. This invited fraud.]

For convenience in business transactions, these are coined of certain sizes. To discourage the mutilation of coins for sinister purposes, they are "milled" on the edges, and the stamp covers each face so that the metal could hardly be cut off without the coin showing defacement.

[2] The value is shown by the stamp.

[3] Otherwise, foreign coin would become an article of commerce, and it would be more difficult to regulate the value of domestic coin.

[4] This power congress has never exercised. But see Johnson's Cyclopedia, article Gallon.

_Clause 6.--Punishment of Counterfeiting._

_To provide for the punishment of counterfeiting the securities and current coin of the United States._

This is "an indispensable appendage" of the power granted in the preceding clause, that of coining money.

To discourage counterfeiting, the "securities" are engraved with rare skill and upon peculiar paper. The penalties for counterfeiting are printed on the back of some of the "greenbacks."

Under "securities" are included bonds, coupons, national currency, "greenbacks," revenue and postage stamps, and all other representatives of value issued under any act of congress.

_Clause 7.--Postoffices._

_To establish postoffices[1] and post roads.[2]_

[1] The beneficence and usefulness of the postoffice every one can appreciate; it ministers to the comfort of all, rich and poor.

Placing the management of the postoffices with the general government secures greater efficiency and economy than would be possible if it were vested in the states.

[2] Congress generally uses roads already in existence. These are regularly selected, however, and declared to be post roads before they are used as such. The "road" may be a waterway.

But under authority of this clause congress has established some post roads. The princ.i.p.al highway thus established was the c.u.mberland road from the Potomac to the Ohio. The Union Pacific and Central Pacific railways were built under the authority and with the a.s.sistance of the United States as post and military roads.

_Clause 8.--Copyrights and Patents._