Expressed and Implied Ch 11 continued

What type of powers does Congress have? Delegated powers!!!! Congress ONLY had powers granted to it by the Supreme law of the Land! Three types of delegated powers Expressed Implied Inherent

Expressed powers that we talked about on Tuesday Commerce Power Power to Tax Borrowing Power Bankruptcy Power Currency power/legal tender War Powers

Expressed power – Domestic Powers Copyrights and Patents Postal Powers Weights and Measures Naturalization Judicial Powers Territories and other areas – Territories – parts of the US that aren’t States and have their own gov’t Puerto Rico, Guam, Virgin Islands Eminent domain

Eminent Domain? The inherent power to take private land for public use 5th Amendment – “nor shall private property be taken for public use, without just compensation” Can only be taken if: For a public use With proper notice to the owner For a fair price

Where are the expressed powers for Congress found in the Constitution? Article 1, section 8!!!!!!!!! What about Article 1, section 8, clause 18???? To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Implied powers most often find basis in: Commerce power Regulate manufacturing, wages, hours, foods, air travel etc etc.. CAREFUL: interstate vs intrastate Power to tax and Spend The war powers Ex implied power to institute a draft b/c art. 1 sect 8 clause 12: Congress shall have the power to “raise and support armies” and “maintain navy” (clause 13)

Implied powers must come from the expressed powers (chart)

Strict vs Liberal Constitution Strict Constitutional – led by good ole Thomas Jefferson (anti-federalist and later Democratic-Republicans (or Jeffersonians)) Believe Congress shout be able to exercise: Its expressed powers Only those implied powers absolutely necessary to carry out those expressed powers Feared the consequences of a strong National gov’t & State know what’s best for themselves

Liberal (or loose) constructionist Led by good ole Alexander Hamilton Favored liberal interpretation of the Constitution Win with the McCulloch v Maryland decision Practical – economic crisis, wars, ect – people demand more out of their gov’t Once gov’t power expands, can it shrink?