American Studies Chapter 11 Powers of Congress!

—The Scope of Congressional Powers Objectives: Identify the three types of congressional power Compare strict construction of the U. S. Constitution on the subject of congressional power to liberal construction.

—The Scope of Congressional Powers Why It Matters: The Constitution makes Congress the lawmaking branch—the basic policy making branch of the National Government. The powers of Congress are limited, yes—but those powers are many, and they are also far-reaching.

—The Scope of Congressional Powers Political Dictionary: Expressed Powers Implied Powers Inherent Powers Strict Constructionist Liberal Constructionist

—The Scope of Congressional Powers Basic Facts: The government of the U. S. is “limited” government. The American system of government is “federal” in form.

—The Scope of Congressional Powers Only “delegated” powers Large areas are “denied” National school system Require voting Attend church Marriage and driver’s licenses Abolish jury trials Confiscate handguns Censor news or broadcasting

—The Scope of Congressional Powers Congressional Power (cont.) Expressed powers—explicitly, in its wording. Implied powers—by reasonable deduction from the expressed powers Inherent powers—by creating a national government

Expressed Powers To borrow money To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States; To establish post offices and post roads; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

Express Powers To constitute tribunals inferior to the Supreme Court; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; To declare war To raise and support armies and Navy To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

Expressed Powers To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;- 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

Implied Powers Article I, Section 8, "Clause" 18 of the United States Constitution reads: The Congress shall have power …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. Also called the "Necessary and Proper" clause, the actual sweep of the implied powers referred to here remain a point of contention among constitutional scholars to this day. Examples of the exercise of the implied powers clause include the creation of institutions not foreseen directly in the Constitution such as a national bank and the Federal Aviation Administration. The lack of the latter in in the Constitution can clearly be traced to the fact that the Constitution was ratified over 100 years before the Wright Brothers first flight.

Inherent Powers Those powers which are natural powers that all sovereign states in the world have. Control the Border/ Set standards for citizenship Inherent powers do not appear in the Constitution but are assumed because of the very nature of government.

—The Scope of Congressional Powers Strict Versus Liberal Construction Strict Constructionists: Jefferson led—”that government is best which governs least. Liberal Constructionists: Hamilton led— ”an energetic government.”

—The Scope of Congressional Powers Strict Versus Liberal Construction Liberal Construction: Growth fueled by: Wars Economic crises National emergencies Technology General “consensus” of American public that a “broad” reading of the Constitution is desirable.