1. Chapter 11 Powers of Congress

2. Section 1—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. Section 1—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. Section 1—The Scope of Congressional Powers
Political Dictionary:
Expressed Powers
Implied Powers
Inherent Powers
Strict Constructionist
Liberal Constructionist
Consensus

5. Section 1—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. Section 1—The Scope of Congressional Powers
Only “delegated” powers
Large areas are “denied”
National school system
Require voting
Attend church
Marriage and driver’s licenses
Abolish jury trials
Confiscate handguns
Censor news or broadcasting

7. Section 1—The Scope 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. Section 1—The Scope of Congressional Powers
Strict Versus Liberal Construction
Strict Constructionists:
Jefferson led—”that government is best which governs least.”
How much power should Congress have?
Liberal Constructionists:
Hamilton led—”an energetic government.”

9. Section 1—The Scope of Congressional Powers
Strict Versus Liberal Construction (cont.)
Liberal Construction:
Growth fueled by:
Wars
Economic crises
National emergencies
Technology
General “consensus” of American public that a “broad” reading of the Constitution is desirable.