Congress in relation to a list of subjects, in most cases without specifying that
it is a legislative power. These provide as follows:
pay the Debts and provide for the common Defence and general Welfare
of the United
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United
States;
To establish Post Offices and Post Roads;
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;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against
the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures
on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
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;
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;
The second strand throws a cloak of legislative authorisation over all of these
powers. It provides that the Congress shall have power: “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”. Now it becomes
clear that the Congress is authorised to make laws on these topics.
An illustration of conferment of authorisation conferred on a court to hear
cases comes from s75 of the Australian Constitution. It confers judicial power
 |
 |
 |