chapter 11 powers of congress. section 1—the scope of congressional powers objectives: –identify...
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Chapter 11Powers of Congress
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.
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.
Section 1—The Scope of Congressional Powers
• Political Dictionary:– Expressed Powers– Implied Powers– Inherent Powers– Strict Constructionist– Liberal Constructionist– Consensus
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.
Section 1—The Scope of Congressional Powers
• Congressional Power– 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
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
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.”
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.
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