1. Expressed and Implied
Ch 11 continued

2. What type of powers does Congress have?
Delegated powers!!!! Congress ONLY had powers granted to it by the Supreme law of the Land!
Three types of delegated powers
Expressed
Implied
Inherent

3. Expressed powers that we talked about on Tuesday
Commerce Power
Power to Tax
Borrowing Power
Bankruptcy Power
Currency power/legal tender
War Powers

4. Expressed power – Domestic Powers
Copyrights and Patents
Postal Powers
Weights and Measures
Naturalization
Judicial Powers
Territories and other areas –
Territories – parts of the US that aren’t States and have their own gov’t
Puerto Rico, Guam, Virgin Islands
Eminent domain

5. Eminent Domain? The inherent power to take private land for public use
5th Amendment – “nor shall private property be taken for public use, without just compensation”
Can only be taken if:
For a public use
With proper notice to the owner
For a fair price

6. Where are the expressed powers for Congress found in the Constitution?
Article 1, section 8!!!!!!!!!
What about Article 1, section 8, clause 18???? To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

7. Implied powers most often find basis in:
Commerce power
Regulate manufacturing, wages, hours, foods, air travel etc etc..
CAREFUL: interstate vs intrastate
Power to tax and Spend
The war powers
Ex implied power to institute a draft b/c art. 1 sect 8 clause 12: Congress shall have the power to “raise and support armies” and “maintain navy” (clause 13)

8. Implied powers must come from the expressed powers (chart)

9. Strict vs Liberal Constitution
Strict Constitutional – led by good ole Thomas Jefferson (anti-federalist and later Democratic-Republicans (or Jeffersonians))
Believe Congress shout be able to exercise:
Its expressed powers
Only those implied powers absolutely necessary to carry out those expressed powers
Feared the consequences of a strong National gov’t & State know what’s best for themselves

10. Liberal (or loose) constructionist
Led by good ole Alexander Hamilton
Favored liberal interpretation of the Constitution
Win with the McCulloch v Maryland decision
Practical – economic crisis, wars, ect – people demand more out of their gov’t
Once gov’t power expands, can it shrink?