Chapter 11: Powers of Congress
11-1 Summary: Fill in the missing words
Article 1 of the Constitution describes Congress and grants it specific powers, which are called
__________________________. The Constitution also states the powers denied to Congress. Those
powers of Congress not listed in the Constitution but needed to carry out its expressed powers are
________________________. It also has ____________________________ by its very nature as a
national government’s legislative branch. Arguments about Congress’s power began with the writing of
the Constitution. The ________________________ wanted the States to keep as much power as
possible. They believed that the best government is one that governs least. Congress should use only
its expressed powers and the implied powers need to carry out its duties.
The _______________________ wanted a broad, or liberal, interpretation of the powers of Congress.
They believed that a good government is an active one. Early on, the liberal constructionists won out.
Congress has since acquired more powers that the Framers could ever have imagined. Events such as
wars and economic crises have contributed to the growth of national power. So also have
improvements in communication and transportation. Americans have generally agreed with, or come to
____________________ about, the scope of power assumed by Congress.
Americans came to a consensus that favored a liberal construction of the Constitution. FROM THE
ABOVE READING, OUTLINE THE POSITIONS OF THE STRICT V. LIBERAL CONSTRUCTIONISTS.
Strict
Position:
Liberal
Position:
Main
Goal
Main
Goal
Federal Government with very
_____________ powers
Federal Government with
_____________ powers
Chapter 11: Powers of Congress
Complete the concepts of strict and liberal constructionism by completing the chart below.
Construction of the Constitution
Strict
Definition
Major Proponent
Attitude toward implied powers
Attitude toward national power
Attitude toward State power
Liberal
Chapter 11: Powers of Congress
11-2 Summary: Fill in the missing words
The Constitution gives Congress the power to __________-to impose a charge on people or property in
order to fund public needs. Tax collecting must; however, be used in accord with all other provisions of
the Constitution. Over 90 percent of the revenue of the Federal Government comes from taxes, of
which there are two kinds. ____________________ are paid directly by the taxed person. Income tax is
a direct tax. ___________________ are first paid by one person, such as a manufacturer, and are then
passed on to others, such as consumers.
The Constitution allows Congress to borrow money. Until quite recently, the Federal Government spent
more than it took in each year and borrowed to make up the difference. This practice, called
____________________, led to a very large ___________________, or money owed by the nation. In
recent years, the government has achieved a balanced budget.
Congress’s _______________ allows it to regulate trade, or interstate and foreign business. The
Supreme Court has ruled that “trade” includes transportation and other ways in which people interact.
However, Congress may not tax ____________ or favor on State over another. Only Congress has the
power to “coin money.” Money made by the government is called _________________, or money that
by law must be accepted in payment of debts. Congress must also make laws about
__________________. A bankrupt person is one a court finds to be unable to pay his or her bills.
Bankruptcy is the legal process by which this person’s assets are divided among those owed.
Chapter 11: Powers of Congress
Congress has great power to regulate money and business. COMPLETE THE CHART BELOW SHOWING
THE MAJOR POWERS GRANTED TO CONGRESS BY THE CONSTITUTION IN THE AREAS OF MONEY AND
COMMERCE.
Congress’s Constitutional Powers of Money and Commerce
Power
Taxation
Borrowing
Commerce
Currency
Bankruptcy
Allows Congress to…
Chapter 11: Powers of Congress
11-3 Summary: Fill in the missing words
Eight of Congress’s expressed powers deal with war and national defense. Congress shares these
powers with the President, who is commander in chief if all the country’s armed forces. Only Congress,
however, has the power to ______________________. It can also organize and support an army and
navy. Among its other expressed powers, Congress makes laws about _________________, or the
process by which foreigners become U.S. citizens. Congress can also establish post offices. Congress
has used this power to pass laws against crimes involving the postal system.
The Constitution asks Congress to promote science and the arts by protecting the work of both writers
and inventors. Congress has done this, in part, through ____________________. A
___________________ is the exclusive right of an author to reproduce, publish, and sell his or her work.
A ___________________ gives an inventor the sole right to make, use, or sell “any new and useful art,
machine, manufacture, “or any new and useful improvement.” Congress has the power to fix standards
for weights and measures for the country. It may also acquire manage and sell certain federal lands,
such as parks. The Federal Government may take private property by ___________________, or the
power to take private land for public use. Congress also has the power to set up federal courts lower
than the Supreme Court.
Many of the expressed powers of Congress affect t the daily lives of Americans. FROM THE ABOVE
READING LIST EACH OF THE OTHER EXPRESSED POWERS OF CONGRESS.
Expressed
Powers,
Excluding
Powers of
Money and
Commerce
Chapter 11: Powers of Congress
Fill in the supporting points in the outline below in the form of answers to the questions
Foreign Relations Powers
1. Which part of the National Government share the power in the field of foreign affairs? ____________
_____________________________________________________________________________________
2. Which part is primarily responsible for conducting foreign relations? ___________________________
3. What is the role of the States in foreign affairs and why? _____________________________________
_____________________________________________________________________________________
War Powers
4. Who has the power to declare war? _____________________________________________________
5. What did the War Powers Resolution of 1973 state? ________________________________________
_____________________________________________________________________________________
Other Expressed Powers
6. What power gives Congress the right to make laws regulating mailing? _________________________
_____________________________________________________________________________________
7. What is the role of the National Institute of Standards and Technology in fulfilling an expressed
power? ______________________________________________________________________________
_____________________________________________________________________________________
Judicial Powers
8. The Constitution specifically mentions the following four kinds of federal crimes:
a.____________________________________________________________
b.____________________________________________________________
c.____________________________________________________________
d.____________________________________________________________
9. Which part of the National Government has the expressed power of creating and providing for the
organization of federal courts? ___________________________________________________________
Chapter 11: Powers of Congress
11-4 Summary: Fill in the missing words
Congress’s implied powers come from the Constitution’s _____________________________. This
clause grants Congress all the powers “necessary and proper” for executing its expressed powers. The
clause is also called the “________________________” because its use has greatly stretched Congress’s
powers. For example, although the Constitution says nothing about education, Congress
______________________, or assigns to a particular use, billions of dollars for education every year.
The battle over implied powers began in the 1970s. Liberal constructionists led by
_______________________ wanted Congress to set up a national bank. To do so was not an expressed
power; liberal constructionists saw it as an implied power. Strict constructionists led by
_____________________ thought that the government should only use those powers absolutely
necessary to carry out the expressed powers. However, the liberal constructionists won out.
In 1819, the Supreme Court heard the case ____________________________, which hinged on the
constitutionally of Congress’s power to set up a national bank. The Supreme Court ruled that the bank
was constitutional, therefore supporting the idea of implied powers. Since that time, the
______________, or fundamental policy, of implied powers has been applied continually.
Chapter 11: Powers of Congress
The implied powers of Congress are those that are reasonably assumed based on the expressed
powers in the Constitution. LIST THE IMPLIED POWERS THAT COME FROM THE EXPRESSED POWERS.
The Expressed Power
To lay and collect taxes
To borrow money
Establish naturalization law
To regulate commerce
To establish post offices
Implies the Power
Chapter 11: Powers of Congress
Complete the following time line by inserting the correct events described in Section 4 in the spaces
indicated. Then answer the questions that follow.
1790
Hamilton recommended:
1791
Congress set up first:
1816
Congress created:
1819
The Supreme Court
Ruled:
1818
Maryland placed a tax
on:
1. Explain why the Necessary and Proper Clause has often been called the Elastic Clause.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Why does Congress have the power to appropriate funds for various purposes?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Chapter 11: Powers of Congress
11-5 Summary: Fill in the missing words
The Constitution gives Congress a number of nonlegislative powers. For instance, Congress may
propose constitutional amendments by a two-thirds vote in each of its houses. Congress also has
certain rarely used electoral duties. The House may elect a President if no candidate wins a majority of
_____________________. The Senate may choose a ____________________ in similar circumstances.
If the office of the Vice President becomes ________________, the ____________________ nominates
a ______________________, or replacement, who is subject to a vote in Congress.
The Constitution says that any civil officer, such as the President, can be removed from office. The
House has the power to __________________, or bring charges against, the officer. Charges may be
brought against someone for actions such as _____________________, or lying under oath, and the
failure to respond to a ____________________, which is a court order to appear in court or to produce
requested materials. The Senate serves as judge for the trial. The senate can vote to ______________,
or find the officer not guilty. In such a case, members of Congress can try to __________________ the
official, which is to issue a formal condemnation of his or her actions.
The Senate also has certain executive powers. It can advise the executive branch. It has the power to
approve appointments and treaties made by the President. Lastly, Congress has the power to
investigate any matter that falls within the scope of its powers. Congress uses its standing committee to
do this.
Chapter 11: Powers of Congress
Congress’s nonlegislative powers sometimes result in dramatic investigations and hearings. ANSWER
THE FOLLOWING QUESTIONS ABOUT THE NONLEGISLATIVE POWERS OF CONGRESS.
Constitutional Amendments
1. What are the two ways Congress may propose an amendment to the Constitution? _______________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. What are some current issues that many Americans have thought worthy of constitutional
amendment? __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Electoral Duties
3. What electoral duty does the House have? ________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
4. What electoral duty does the Senate have? _______________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Impeachment
5. What role does the House have in the impeachment process? ________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
6. What role does the Senate have in the impeachment process? ________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Executive Powers
7. What are the two executive powers possessed by the Senate? ________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
8. What is “senatorial courtesy”? _________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Investigatory Powers
9. What is the usual forum for congressional investigations? ___________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
10. What are some reasons for congressional investigations? ___________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________