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Published byEgbert Gordon Modified over 8 years ago
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POWERS OF CONGRESS
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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.
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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
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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.
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