What power does Congress NOT have according to the Constitution?

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Master the U.S. Constitution Test. Study with interactive flashcards and in-depth multiple-choice questions, each accompanied by valuable hints and explanations. Ace your exam with confidence!

The power that Congress does not have according to the Constitution is the authority to appoint judges. This power is vested in the President of the United States, who nominates judges to the federal judiciary, including the Supreme Court, with the advice and consent of the Senate. This separation of powers is critical to the functioning of the federal government, ensuring that no single branch has absolute control over the judiciary.

In contrast, collecting taxes, declaring war, and regulating interstate commerce are all explicit powers granted to Congress in the Constitution. The ability to collect taxes is found in Article I, Section 8, which empowers Congress to levy taxes to provide for the common defense and the general welfare. The power to declare war is also included in Article I, Section 8, emphasizing the role of Congress in matters of war and military engagement. Furthermore, the regulation of interstate commerce is another key responsibility of Congress, which allows it to oversee trade and commerce between the states, ensuring a unified economic policy and contributing to the functioning of the national economy.

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