Expressed and Implied

powers
Expressed Powers:
Explicitly/directly written in the Constitution

No debate over the authority of Congress to act on them

Like a superhero like Superman:

Verbally says what he can do

Physically demonstrates that he can

Not like a more mysterious superhero who hides their abilities and
surprised those they get in a fight with.
Implied Powers:
Many of the things Congress does that are not specifically outlined in
the Constitution.

The progression of time, the enlarged size of government, and the

rulings of the Supreme Court over 200 years has resulted in the
consensus that Congress also has implied powers.

These powers are related to the expressed powers but are not
specifically outlined. Implied powers are logically deduced from express
powers.
Constitutional Powers of Congress:
Article I, Section 8 of the US Constitution - Congress shall have the
power to . . .

(Read Article I, Section 8)

Discuss in your groups:

What do you think are the most powerful powers of Congress?

What are the most unexpected powers of Congress?

Clause 18 - Necessary and Proper Clause

Expressed and Implied powers Activity
Within table groups students should complete the activity worksheet.

Students will examine a list of implied powers and write them under the
expressed powers heading they think most likely justifies the implied
power.
Expressed Powers vs Implied
powers
To lay and collect Taxes, Duties, Punish Tax Evaders
Imposts and Excises, to pay
the Debts and provide for the Regulate certain things (alcohol)
common Defense and general and outlaw others (drugs)
Welfare of the United States
Require states to meet certain
conditions to get federal
funding
Congress is the only branch of
the Fed. Government that can
choose how we are taxed
Expressed Powers
powers
to regulate Commerce with
foreign Nations, and among
the several states, and with
the Indian Tribes
vs Implied
Establish a minimum wage
Ban discrimination in workplaces
and public facilities

The Congress can regulate Pass laws protecting the disabled

domestic and foreign trade
Regulate Banking
Illegal for Congress to favor one
state over others
Expressed Powers vs Implied
powers
to borrow money on the credit The power to establish the
of the United States Federal Reserve System of
Banks
There arent constitutional limits
on how much we can borrow

There arent constitutional limits

on the reasons for borrowing
Expressed Powers vs Implied
powers
Congress alone has the power to The power to draft Americans
raise and support an Army and into the military
Navy

Make rules governing our

military

Declare War
Expressed Powers vs Implied
powers
To establish an uniform Rule of The power to regulate and limit
Naturalization. immigration

Congress sets up the process for Limits are placed on the number
immigrants becoming citizens of people that can immigrate
here every year and from
where
Expressed Powers vs Implied
powers
to establish Post Offices and Prohibit mail fraud and
Post roads obstruction of the mail

Provides for the carrying of the Bar the shipping of certain items
mail through the mail

Post Roads include rail lines,

airways, and waters in US
while mail is travelling on them