The Powers of Congress. The Scope of Congressional Powers Congress has only those powers delegated to it and not denied to it by the Constitution. Reserved.

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Presentation transcript:

The Powers of Congress

The Scope of Congressional Powers Congress has only those powers delegated to it and not denied to it by the Constitution. Reserved PowersRemember: the U.S. is a Federal Government… powers not given to the federal government by the constitution are considered Reserved Powers of the states! CONCURRENT POWERSThere are powers that the national/federal government and state governments share. These are called CONCURRENT POWERS.

So what are the things Congress cannot do?

The Constitution delegates power to Congress in 3 basic ways: It’s expressly stated or written in the Constitution (EXPRESSED POWERS). It’s implied from the expressed powers. Even though it is not in the Constitution, we can draw it from what is in the Constitution (IMPLIED POWERS). It’s inherent by the creation of the national government for the U.S. …it is basic to what a national government does (INHERENT POWERS).

Strict vs. Liberal Construction Battle over the Constitution continued into the early years of the Republic. Americans have argued over the extent of the powers granted to Congress.

STRICT CONSTRUCTIONISTS *Thought / THINK that Congress should only exercise those implied powers that are absolutely necessary to carry out the expressed ones!

LIBERAL CONSTRUCTIONIS TS Thought there should be a broad interpretation or construction of the Constitution!

Despite growth in the power of our national government Despite the debate between Strict and Liberal Constructionists, OVERALL we have seen growth in the power of our national government. This has occurred for a variety of reasons. 1. WARS

2. Economic Crisis

3. National Emergencies

4. Transportation and Communication Advancements

5. Demands of the People!!!

EXPRESSED POWERS OF CONGRESS There are 27 powers explicitly granted to Congress in the Constitution. Here are some of them…

Legislative Powers Legislative Powers (law-making powers) Power to TAX

Power to BORROW

Currency Power

COMMERCE Power

Foreign Relations Power

WAR Powers

NATURALIZATION Powers

POSTAL Power

JUDICIAL Powers

NON-LEGISLATIVE POWERS NON-LEGISLATIVE POWERS (The power to do things other than making laws) AMENDMENT Powers

ELECTORAL DUTIES ELECTORAL DUTIES

IMPEACHMENT Powers

EXECUTIVE Powers

IMPLIED POWERS OF CONGRESS Powers not written in the Constitution but that are drawn from those that are!

Why is Congress allowed to make up a bunch of powers for itself? Isn’t the U.S. a limited government??? The Constitution says Congress has the ability to imply powers from the expressed ones! “The Necessary and Proper Clause”“The Necessary and Proper Clause” –Found in Article I, Section 8, Clause 18 (“necessary and proper”) –Gives Congress the power to make all laws that are needed (“necessary and proper”) for executing its expressed powers. –Aka- “The Elastic Clause”

McCulloch vs. Maryland