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.