POWERS OF CONGRESS

Limits of Congress’ Powers  There are real limits to the powers of Congress  Limited Power one of 6 Principles  Expressed Powers: Can do what Constitution says.  Bill of Rights: Cannot violate certain rights.  There are some things only State governments can do.  Congress cannot create schools, set minimum age for drivers’ license, or create marriage laws.

Types of Power  Expressed Powers  These powers are specifically written in the Constitution.  Power to tax, declare war, borrow money, and regulate commerce.  Implied Powers  Not written in the Constitution but connected to an expressed power.  “Necessary and Proper Clause” allows stretching of expressed powers.  This power has always been debated by Congress.  Inherent Powers  All powers that is logical or traditional for a government to have. Create new borders Define citizenship Immigration laws

Differing views of Congress’ Powers  Opposing interpretation of the Constitution led to the creation of political parties.  Strict Constructionists  Sticks to the exact wording of the Constitution.  Focuses more on expressed powers. Implied powers only used when absolutely necessary.  States should hold more power.  More conservative view.  Liberal Constructionists  Focuses on the implied powers.  Believe Constitution needs to be stretched to deal with major national problems.  Favor a stronger central government.  More liberal use of power.