Congress has sole legislative powers which include the following:
• To establish the Times, Places and Manner of holding elections of Senators and Representative, to the extent the respective State Legislatures of States’ failure to do so within reasonable times before their usual dates.
• To provide for reorganization of the Federal Government’s Departments and Agencies
• To establish articles of Impeachment
• To enact Budget Resolutions
• To appropriate Spending
Other Powers are to Confirm officers within the Executive Departments, Federal Justices and Judges nominated by the President for the Judiciary, and to consent to Treaties negotiated by the President; all as presented by the President to Congress.
Congress shall have all Powers to make all laws which shall be necessary and proper for carrying into execution the enumerated Powers solely vested in Congress by the Constitution
The Congress shall have the following powers over the people, States and Territories, and none other:
• The power of Taxation
• The duty to pay the debts
• The power to borrow money on the credit of the United States
• To regulate interstate commerce and with foreign nations and the Indian Tribes
• To Establish Uniform rules of naturalization and bankruptcy
• To Coin money and establish its value
• To fix standards of weights and measures
• To punish counterfeiting of securities and money
• To Establish post offices and post roads
• To promote Arts and Science by copyrights and patents
• To Constitute the Judiciary
• To Define & punish piracy and Felonies on High Seas and of laws of nations
• To Declare War, grant letters of Marque, Reprisal & Captures on land and sea
• To Raise and support Armies, but no appropriation term longer than two years
• To Provide and maintain a Navy
• To provide for call of militia to execute the laws of the land and to suppress insurrections and repel invasions
• To provide organizing, arming, & disciplining the Militia, and for governing such part that may be employed in service for the United States, Reserving to the States the appointment of officers, and training prescribed by Congress.
• To exercise in all cases whatsoever over such District as becomes the Seat of Government of the United States & Exercise exclusive Legislation;
• To exercise like authority over all places purchased by the consent of the State legislature in which the same shall be, for erection of forts magazines arsenals, dock-Yards, et al
• 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 Congress of the United States shall make no law diminishing the Rights and Liberties of the People embodied in the Declaration of Independence and the Constitution of the United States of America.
Before he enter on the Execution of his office, he shall take the following Oath or Affirmation: “I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my abilities preserve, protect and defend the Constitution of the United States.” Those words express his powers.
Supreme Court and Judicial Department
Justices and Judges are bound by the Article VI clause on Oaths and Affirmations in the same manner and extent as all officers, ambassadors, military officers, et al.
The ability of a Federal Court judge to opine on the constitutionality or lack thereof for a statute enacted by Congress and signed by the President is not found in the Constitution. It was derived in the opinion written by Chief Justice John Marshall in Marbury v. Madison (1803). The derivation in Marbury v. Madison, applies to all cases coming before the Supreme Court, and provides the means of overturning a wrongly decided case. The Supreme Court is limited to taking actual cases having real consequences. The Supreme Court cannot take cases that have not matured or make binding advisory judgments. The Supreme Court has already said that political suits are equivalent to made up cases.
The Supreme Court has opined and the Constitution states, “in cases where the value shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
There are probable cases in statutes passed, but have never been opined upon as being “law” for lack of judicial capacity. The Supreme Court manages its own docket. It is expensive to bring a case to the Supreme Court, and having “standing to sue,” which is having injury in fact, and the injury is caused by the defendant, and the means to redress for plaintiff is the suit.
There are opportunities for improvement in government! Who is ready?
Publiustoo.com May 18, 2022