1. Expansion of Federal Power
Constitution

2. Federal Power The “Living Document” Why was flexibility a concern?
The Articles of Confederation failed because it could not be changed
The Framers could not anticipate the problems of the future

3. Federal Power The “Living Document” Flexibility in the Constitution
Article V explains how to make changes
Short and open to interpretation
Includes features that allow each branch to expand their own role
Interpretation is key to informal change

4. Interpretation of the Constitution

5. Federal Power Interpretation Informal Changes to the Constitution
Congress can make new laws
Court decisions change interpretation of laws and roles of government
POTUS assumes new powers
Political parties change elections and lawmaking
Other non-constitutional customs

6. Federal Power Interpretation
Interpreting the Constitutional Powers of the Federal Government
Strict Interpretation
Loose interpretation
Congress should only be able to use its expressed powers
Congress should be able to do anything that the Constitution does not prevent it from doing.
Results in a Congress with limited powers
Congress is very powerful & has lots of implied powers

7. Congressional Powers
Constitution

8. Federal Power Congress Clauses in Article 1 that
Expand Congress’s Powers
Commerce
Elastic
“Congress has the power to regulate commerce between the states”
Congress can make all laws necessary and proper to carry out the expressed powers
Congress can get involved in ANY economic activity that involves more than one state
“Necessary & Proper Clause” or “elastic clause” stretches the power of Congress
Almost all economic activity is “interstate” so Congress can get involved in almost anything
It means Congress has implied powers that it needs to fulfill its expressed powers

9. Federal Power Congress Supreme Court Expanding Congressional Power
Gibbons V. Ogden
A man drives a boat back & forth from New York to New Jersey
The S.C. says that’s enough to count as “interstate commerce”
RESULT: Almost ALL commerce is interstate commerce, so Congress can regulate any economic activity
McCulloch V. Maryland
The U.S. builds a national bank and Maryland tries to tax it.
The S.C. says Congress can establish a bank because it’s implied
The S.C. says Maryland can’t tax the U.S.
RESULT: Congress has implied powers; the National government is supreme over states

10. Federal Power Congress Implied Powers of Congress Expressed Powers:
Come from the “Necessary & Proper” Clause
They can make laws they need to in order to do all of the things the Constitution tells them to do
Expressed Powers:
Suggests they can
Implied power:
Tax, borrow $, coin money, spend
Set up a national bank
Suggests they can
Raise an army and navy
Hold a draft for the military
Suggests they can
Naturalization laws (immigration)
Set limits on immigration
Suggests they can

11. Presidential Powers
Constitution

12. Federal Power President Clauses in Article 2 that
Expand POTUS’s Powers
“faithful execution”
The president shall take care that the laws be faithfully executed
“vesting clause”
Executive power shall be vested in a president of the United States
Ordinance power
Power to issue “executive orders” which are basically laws
Wording of the powers are vague, open to interpretation
Each president expands the power of the
presidency and all others follow

13. Judicial Powers
Constitution

14. Federal Power Courts Expansion of Judicial Powers
Article 3 outlines no powers – leaving them open to interpretation
Charges Congress with the creation of appropriate lower courts & jurisdiction
Court power relies on the other branches accepting its “coequal” status

15. Bigly Ideas
Intro to Government

16. History Wrap Up Informal Changes Commerce Clause Elastic Clause
Judicial Powers
Focus on these things: