Powers of Congress Chapter 11.

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Presentation transcript:

Powers of Congress Chapter 11

The Scope of Congressional Power Congress only can do what the Constitution provides… Expressed Power specific wording Implied Powers Reasonable deduction Inherent Powers Powers given to the National Government because it has evolved into a world power

Strict Construction Strict Construction Led by Thomas Jefferson and the Federalists Congress should only use expressed powers Wanted states to keep as much power as possible “Government is best which governs least”

Liberal Construction Led by Alexander Hamilton and the Anti-Federalists Favored the passage of the Constitution Loose interpretation of the Constitution Inherent powers of Congress The U.S. initially followed liberal construction

Examples of Liberal Construction and the Growth of the U.S. Wars Economic Crisis National Emergencies Transportation Presidential Power

Consensus The U.S. has reached a consensus when it comes to interpretation of the constitution Broad interpretation of the constitution rather than a narrow interpretation This consensus has prevailed in U.S. history, however it has often been controversial

Quick Quiz Explain the difference between; implied, expressed, and inherent powers Compare strict and liberal constructionist “Historically there has been a consensus within this country to favor broad interpretation rather than narrow interpretation”

The Expressed Powers of Money and Congress The Commerce Clause: To regulate commerce with foreign nations, and among the several states and with the Indian tribes This is a broad statement that Congress and the Supreme court have had to answer hundreds of times

The Power to Tax Article I section 8 “To lay and collect taxes, duties, imposts and excises, to pay debts and provide for the common defense and general welfare of the United States”

Purpose of Taxes Tax: a charge levied by the government on persons to raise money to meet public needs Read “The Power to Tax” on page 294-295 What is a protective tariff? What is an indirect tax?

Powers Borrowing Power Commerce Power Currency Power Bankruptcy Power Foreign Relations Power War Powers

Other Expressed Powers Naturalization The Postal Power Copyrights and Patents Power over territories and other areas Judicial Powers