The Implied Powers CHAPTER 11 SECTION 3 Starter

The Implied Powers CHAPTER 11 SECTION 3

Starter �Assume that within GHS Handbook it explicitly states that “Teachers will maintain order in the classroom. ” (1) What does this mean? (2) What would such a rule allow teachers to do? Give examples. (3) What would it not allow teachers to do? Give examples. (4) Why are there limits on a teacher’s power?

Objectives � Students will be able to 1) explore strict and liberal construction of the Constitution; and 2) understand how implied powers are derived from the expressed powers. Yesterday, we learned about the case Mc. Culloch v. Maryland, which supported the idea of implied powers. Today, we are going to continue our discussion over implied powers in more detail. The Big Idea: The Necessary and Proper Clause led to massive expansion of Congress’s power.

Necessary and Proper Clause

Necessary and Proper Clause �Congress’s implied powers come from the Constitution’s Necessary and Proper Clause. This clause grants Congress all the powers “necessary and proper” for executing its expressed powers. �To say another way, the NP Clause allows Congress to exercise powers not expressly defined in the Constitution in order to carryout its expressed powers. {This is where we get implied powers}

Necessary and Proper Clause �Remember, the Framers could not have made provisions for every situation that might arise in the modern world. So, they created the NP Clause. �Note, the NP Clause is also called the “Elastic Clause” b/c its use has greatly stretched Congress’s powers. �Question: Without its implied powers, how effectively do you think Congress could address new situations?

Necessary and Proper Clause �To draw a parallel, what limits the power of teachers to impose discipline? �Teachers can do what is necessary and proper to educate students in their classroom. Likewise, Congress can do what is necessary and proper to carry out its duties (as long as it does not violate the Constitution).

Question �Do you believe that are Constitution has been read to broaden or narrow the powers of Congress throughout history? {Hint: Mc. Culloch v. Maryland} �The battle over implied powers began in the 1790 s. Liberal constructionists led by Alexander Hamilton wanted Congress to set up a national bank (they saw it as an implied power). Strict constructionists led by Thomas Jefferson thought that the government should use only those powers absolutely necessary to carry out the expressed powers.

Complete the Chart (p. 312 -313)

Answers

Strict v. Liberal Construction Strict Construction (TJ) Liberal Construction (AH) �**Favored narrow �**Favored a broad powers for national government** �Congress should have only those implied powers absolutely necessary to carry out its expressed powers. construction of congressional powers** �Constitution should be interpreted loosely, allowing Congress to do many things not expressly stated

Strict v. Liberal Construction Strongly Agree - - - Strongly Disagree 1) The States need to keep as much power as possible in order to protect varying interests; 2) If Congress becomes too powerful, the States will have no say in matters that affect theirs residents directly; 3) The National Government should focus solely on protecting interstate and foreign trade and defending the nation; 4) The National Gov. needs broad powers in the areas of war, economic issues, and national emergencies.

Enduring Understanding �The concept of implied powers has been a major factor in the growth of the powers of Congress. �The Necessary and Proper Clause has helped avoid the need for frequent amendments to the Constitution.

Exit Ticket

Exit Ticket 1) What is the Necessary and Proper Clause and why is it important? 2) Summarize the main disagreements b/w strict constructionists and liberal constructionists.