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Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?


To: zzpat who wrote (64840)4/5/2018 5:43:31 PM
From: TimF  Read Replies (1) | Respond to of 364324
 
Because "congress may have the power to", also means they may not have that power. It doesn't convey that they do have the power.

"Shall" - Will, indirectly it could mean must.

"Shall have the power" - Will have the power. But no stipulation is made that they have to use the power. *

"May have the power" - May or may not have the power, who knows. Pretty meaningless as a constitutional clause.

Get it now?

--

*Good example congress's power to declare war, the constitution doesn't require war.

Perhaps an even better example from the same section of the constitution, is there power to grant rant Letters of Marque and Reprisal.

I'm not sure if the US federal government has ever exercise this power (the Confederates did) if they have its been rarer than declarations of war, but in your reading of "shall have the power to" they would be required to do so.