The United States Congress
Article I, Sec. 8 of the U.S. Constitution– Expressed Powers of Congress
Name: _______________________________
Directions: Read the following introduction together with the class. Once you are finished, use your pocket constitution to
locate the Expressed Powers of Congress (Article I, Section 8) and Expressed Limits on Congress (Article I, Section 9).
The Powers of Congress
Under the Constitution, Congress has both specific and implied powers. These powers have been expanded through the
amendment process as well as by Congress's own legislative action. Moreover, both houses are granted authority in certain
areas.
Specific powers
Congress is given 27 specific powers under Article I, Section 8, of the Constitution. These are commonly known as the
enumerated (or, expressed) powers, and they cover such areas as the rights to collect taxes, regulate foreign and domestic
commerce, coin money, declare war, support an army and navy, and establish lower federal courts. In addition, Congress can
admit new states to the Union (Article IV, Section 3), propose amendments to the Constitution (Article V), collect federal
income taxes (Sixteenth Amendment), and enforce protection and extension of civil rights (Thirteenth, Fifteenth, Nineteenth,
Twenty-third, Twenty-fourth, and Twenty-sixth amendments).
Implied powers
Implied powers are not stated directly in the Constitution. They derive from the right of Congress to make all laws “necessary
and proper” to carry out its enumerated powers. Located at the end of Article I, Section 8, this sentence is often called the
elastic clause because it stretches the authority of Congress. The Supreme Court upheld the concept of implied powers in the
landmark case McCulloch v. Maryland (1819), ruling that the federal government had the right to establish a national bank
under the power delegated to Congress to borrow money and control commerce. A more recent example of implied powers is
the War Powers Act of 1973, which limited the ability of the president to send American troops into combat without
consulting and notifying Congress.
Limitations on the powers of Congress
The Constitution lists powers that are denied to Congress (Article I, Section 9). The Bill of Rights prohibits Congress from
making laws that limit individual liberties. Under the system of checks and balances, the president can veto a law passed by
Congress, or the Supreme Court can declare a law unconstitutional. Voters can ignore unpopular laws and press for their
repeal, as happened with the Eighteenth Amendment establishing Prohibition.
1. Article I, Section 8 of the U.S. Constitution lists 27 Expressed Powers of Congress in 18 separate clauses. Each Expressed
power can be placed into one of the following categories: money, commerce, defense, regulation, territory and judicial. Locate
and identify the different Expressed powers of Congress.
Category
Expressed Power(s)
Money
Commerce (trade)
Defense
Regulation
Territory
Judicial
2. Article 2, Section 9 of the U.S. Constitution lists 9 limits on the powers of Congress in 8 separate clauses. Locate and identify
the different limits on the powers of Congress.
Clause #
1.
2.
3.
4.
5.
6.
7.
8.
Limit on Congress