1. The Powers of Congress

2. 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.

3. So what are the things Congress cannot do?

4. 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).

5. 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.

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

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

8. 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

9. 2. Economic Crisis

10. 3. National Emergencies

11. 4. Transportation and Communication Advancements

12. 5. Demands of the People!!!

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

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

15. Power to BORROW

16. Currency Power

17. COMMERCE Power

18. Foreign Relations Power

19. WAR Powers

20. NATURALIZATION Powers

21. POSTAL Power

22. JUDICIAL Powers

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

24. ELECTORAL DUTIES ELECTORAL DUTIES

25. IMPEACHMENT Powers

26. EXECUTIVE Powers

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

28. 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”

29. McCulloch vs. Maryland