Constitutional Powers

Inherent powers in the Constitution

What are some inherent powers in the US Consitution?

Inherent powers of the US president

So far, we've highlighted many of the US president's powers. However, it doesn't stop there. While the US Constitution explicitly outlines a number of the president's powers, inherent powers further increase the authority of the US president.

You may find yourself asking – what are inherent powers?

How did these inherent powers arise?

This mention of 'executive power' within the US constitution has been interpreted and exercised throughout the history of the US to increase the power of the president. These powers are viewed as being an extension of the powers explicitly granted within the Constitution. They allow the US executive to take the necessary action to complete essential tasks.

Inherent powers can allow US presidents to act quickly in response to national emergencies. These include Abraham Lincoln's response to the American Civil War, Franklin D. Roosevelt's actions during the Great Depression and World War II and finally, George W. Bush's response to the 9/11 terror attack in 2001.

However, can anyone in the legislative, executive, or judicial branches exercise such powers?

In the US, the Judiciary holds the constitutional power to review these inherent powers. Below is an example of how the US Supreme Court has acted as a check and balance on the inherent powers of the US president.

Inherent powers of US Congress

There are a few examples of inherent congressional powers in the US. These include:

1. The power to control the borders of the United States

2. The power to grant or deny diplomatic recognition for other countries

3. The power of acquisition for new territories of the United States

4. The power to defend the United States' government from revolutions.

Fig. 1 The US Capitol has housed Congress since 1800

Examples of separation of powers in the Constitution

In the US, the separation of powers means that there are three distinct branches of government:

1. The Executive

2. The Legislature

3. The Judiciary

Fig. 2 Separation of Powers

The US Constitution outlines the powers of each of these government branches. Additionally, the separation of powers allows each branch of government to oversee and conduct checks and balances on the actions of the other two government branches.

Powers of the Legislature

The Legislature, often referred to as Congress, undertakes the following tasks:

1. Creating and implementing laws
2. Implementing taxes and allowing for borrowing of money, and creating budgets
3. Initiating investigations into prominent US political officials, such as the president, during an impeachment process
4. Declaring war
5. Providing scrutiny of the presidential appointments such as Supreme Court Justices and Cabinet Members
6. The Senate may implement treaties
7. The Senate may have the authority to withdraw the powers of certain officers in the Executive and the Judiciary.
8. The Legislative could also prevent the veto of the president from occurring

Powers of the Executive

The Executive comprises the president, vice president, cabinet, executive departments, independent agencies, boards, commissions, and committees. This branch of government undertakes the following tasks:

1. The Executive has the power to place a veto on the laws the legislature created

2. The Vice President has higher authority than the Senate: i.e. if they do not agree with the Senate's actions, they can put an end to it.

3. Making essential declarations, such as announcing a national lockdown

4. Promoting any regulations that are lawful in nature or any other order the Executive gives

5. Using the State of the Union address to sway the other branches of the government into following them.

6. Appointing the ambassadors, department heads of the executive, federal judges, and the other officers

7. Providing presidential pardons

8. Enforcing the law of the United States

Power of the Judiciary

The US Judiciary includes the Supreme Court. This branch of government undertakes the following tasks:

1. Deciding the law that the Congress should implement in the case brought to the court
2. Deciding if a law is proving to be unconstitutional
3. Deciding how Congress should apply the law when disputes occur
4. Deciding on how a law occurs should be used when creating a testimony and evidence
5. Deciding on how a law should be implemented so that the policies remain the same for everyone within society despite their position

Enumerated powers in the Constitution

Enumerated powers in the Constitution may sound very complicated, but they're pretty simple. Essentially, it's a list of things that the Constitution states that congress is allowed to do. Article I, Section 8 of the US Constitution lists these enumerated powers for Congress. The most important ones are:

1. Taxing the general public as well as spending the money to increase the general welfare of the society
2. Regulating commercial transactions with other states globally
3. Establishing laws around bankruptcy, citizenship and naturalisation
4. Establishing the legal ways in which money and profit could be made

Emergency powers in British Constitution

The concept of emergency power allows governments to take action in a national emergency.

In the UK, there are three ways of implementing these powers:

1. Creating regulations to be implemented without creating an act of Parliament
2. Taking action which is normally forbidden
3. Taking action without any compliance with the normal duties of the government

The Public Health (Control of Disease) Act 1984 states that emergency powers can be implemented in the following situation: 'If there's significant harm to human health.'

The Civil Contingencies Act 2004 (CCA) states that emergency powers can only be implemented in 'an emergency, which is catastrophic'.

Having understood the powers of the US and the UK constitutions, the next step would be to look at the Key takeaways.