The Scope of Congress's Powers

Congress is described in Article I of the Constitution. One part lists the powers that congress has. Another part talks about powers denied to congress. from the beginning of our government. People have disagreed about how to interpret Congress's powers form many years.

Congress Powers

Those powers of congress written in the Constitution are called its expressed powers. Those powers that are not listed in the Constitution but are needed to carry out the expressed powers are called implied powers. Congress also has inherent powers because it makes laws for a nation.

Some powers are denied to Congress because the United States has a limited government. Federalism also limits Congress's power.

Debate over Congress's Power

Arguments about Congress's powers began when the Framers wrote the Constitution. On one side of the power issue were the strict constructionists. Thomas Jefferson led this group. They believed "that government is best which governs least." They wanted the States to keep as much power as possible. They believed Congress should use only those implied powers it had to have to carry out its duties.

On the other side of the issue stood the liberal constructionists. Alexander Hamilton led this group. It fought to get people in government and the courts to understand the Constitution liberally, or broadly. In time, this group won that battle. As a result, Congress has many more powers than the Framers could ever have imagined.

Events in our country's history have also given Congress more power. Congress took charge during wars and other national emergencies. Big changes in how people travel and communicate have also led to expand powers for Congress.

Strict Construcionist Leader: Thomas Jefferson - Congress should be interpreted literally. Weak Government.

Liberal Constructinist Leader: Alexander Hamilton - Poweres interpreted broadly. Strong Federal Government.