The Powers of Congress
The Scope of
Congressional Powers
• Congress has only those powers
delegated to it and not denied to it by the
Constitution.
• Remember: the U.S. is a Federal
Government… powers not given to the
federal government by the constitution are
considered Reserved Powers of the
states!
• There are powers that the national/federal
government and state governments share.
So what are the things Congress cannot do?
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).
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.
STRICT CONSTRUCTIONISTS
*Thought / THINK that
Congress should only
exercise those implied
powers that are absolutely
necessary to carry out the
expressed ones!
LIBERAL CONSTRUCTIONISTS
Thought there
should be a broad
interpretation or
construction of the
Constitution!
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
2. Economic Crisis
3. National Emergencies
4. Transportation and Communication Advancements
5. Demands of the People!!!
EXPRESSED POWERS
OF CONGRESS
There are 27 powers explicitly
granted to Congress in the
Constitution.
Legislative Powers
(law-making powers)
• Power to TAX
• Power to BORROW
• Currency Power
• COMMERCE Power
• Foreign Relations Power
• WAR Powers
• NATURALIZATION Powers
• POSTAL Power
• JUDICIAL Powers
NON-LEGISLATIVE POWERS
(The power to do things other than making laws)
• AMENDMENT Powers
• ELECTORAL DUTIES
• IMPEACHMENT Powers
• EXECUTIVE Powers
IMPLIED POWERS OF
CONGRESS
Powers not written in the
Constitution but that are
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”
– Found in Article I, Section 8, Clause 18
– Gives Congress the power to make all laws
that are needed (“necessary and proper”)
for executing its expressed powers.
– Aka- “The Elastic Clause”
• McCulloch vs. Maryland