Which of these is an expressed power of Congress?
A admitting new states
B creating a national banking system
C eliminating amendments to the Constitution
D determining what is cruel and unusual punishment
The Correct Answer and Explanation is :
The correct answer is A) admitting new states.
Admitting new states is an expressed power of Congress, specifically found in Article IV, Section 3 of the U.S. Constitution. It grants Congress the authority to admit new states into the Union. This process typically involves a territory applying for statehood, drafting a state constitution, and then receiving approval from Congress through legislation.
Why the Other Options Are Incorrect:
B) Creating a national banking system:
The creation of a national banking system is not an expressed power, though Congress has exercised implied powers to regulate commerce and manage the economy under the Necessary and Proper Clause (Article I, Section 8). The Supreme Court case McCulloch v. Maryland (1819) affirmed Congress’s power to create a national bank as an implied power, not an expressed one.
C) Eliminating amendments to the Constitution:
Congress does not have the power to eliminate amendments. Instead, the amendment process is outlined in Article V of the Constitution, which allows for amendments to be proposed and ratified through specific procedures, involving both Congress and the states. Eliminating amendments outright would go against the constitutional process.
D) Determining what is cruel and unusual punishment:
Determining what constitutes cruel and unusual punishment is a judicial responsibility under the interpretation of the Eighth Amendment of the Constitution. The courts, particularly the Supreme Court, determine what qualifies as cruel and unusual punishment through rulings in specific cases, not Congress.
In summary, the power to admit new states is explicitly granted to Congress, while the other options either involve implied powers, constitutional processes, or judicial interpretation, none of which are directly expressed powers of Congress.