1. American Studies Chapter 11 Powers of Congress

2. 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.

3. 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

4. The Scope of Congressional Powers
Recall that (1) government in the United States is limited government and (2) the American system of government is federal in form.
These two fundamental facts work to shape and also limit the powers of congress.

5. 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.

6. Types of Congressional Powers
The Constitution grants three types of powers to congress: The expressed powers are the powers delegated to the National Government that are spelled out in the Constitution. The implied powers are the powers delegated to the National Government that are suggested by the expressed powers set out in the Constitution. The inherent powers are the powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community.

7. Types 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

8. Things Congress cannot do
Create a national public school system
Require people to vote
Attend church
Set a minimum age for marriage or driver licenses
Abolish jury trials
Confiscate all handguns
Authorize censorship of newspaper, radio, television broadcast
Congress cannot do these and great many other things because the Constitution does not delegate to it any power to do so.

9. 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
Naturalization – the legal process by which citizens of one country become citizens of another
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; (Implied Power connected to coining money)
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;

10. Expressed 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 the Army and Navy
To provide for calling forth the militia to execute the laws of the union, suppress rebellion and repel invasions;

11. 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 creation 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

12. 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 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.
Necessary and Proper Clause – the constitutional clause that gives Congress the power to make all laws “necessary and proper” for executing it powers.

13. 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.

14. The Scope of Congressional Powers
Strict Versus Liberal Construction
Strict Constructionists:
One who argues a narrow interpretation of the Constitution’s provisions, in a particular those granting powers of the Federal Government
Liberal Constructionists:
One who argues a broad interpretation of the Constitution’s provisions, in a particular those granting powers of the Federal Government

15. 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.”

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