Article I, Section 8 of the U.S. Constitution confers on Congress all of the following powers EXCEPT which?

• A. Veto bills
• B. Collect taxes
• C. Declare war
• D. Establish courts

Answer: (A)

The main idea here is the separation of powers: Article I, Section 8 lists the powers granted to Congress, and those powers include things like laying and collecting taxes, declaring war, and establishing courts. The action that does not fit is vetoing bills, because the veto is an executive power—the President’s ability to reject legislation. Congress can pass laws, but they don’t have the authority to veto them; a bill becomes law only if the President signs it (or if Congress overrides a veto). So the option that does not come from Congress is vetoing bills. The other two examples—collecting taxes and declaring war—are clearly enumerated powers of Congress, and establishing courts is also within Congress’s authority to create inferior courts.