Congressional powers refer to the authority Congress has to create legislation. These powers are enumerated, and Article I of the U.S. Constitution creates and defines the powers delegated to Congress. For more on specific congressional powers, see:
- Legislative power
- Commerce power
- Investigatory power
- Taxing power
- Spending power
- War and defense powers
- Property power
- Eminent domain
- Admiralty and maritime power
- Postal power
- Bankruptcy power
- Naturalization power
- Copyright and patent power
- Speech and debate clause
Due to principles of federalism, Congress shares power with the various governments of the states. Some congressional powers, like the power to tax, are held by both Congress and the states. Additionally, powers not delegated to the federal government are reserved to the states or the people. Under the preemption doctrine, the exercise of certain congressional powers can occasionally prevent states from also exercising those powers.
[Last reviewed in May of 2026 by the Wex Definitions Team]
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