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Strict Constructionist
A belief that Congress should only do things that are expressly listed in the Constitution, and the implied powers that are absolutely necessary to carry out those expressed powers.
Liberal Constructionist
A belief that Congress should be given a broad range of powers, allowing them to stretch their constitutional powers when necessary.
Expressed Powers
Powers that are explicitly stated in the Constitution.
Implied Powers
Powers that the Federal Government must have to carry out its Expressed powers even though they are not explicitly stated.
Necessary and Proper Clause
A clause in Article I, Section 8 of the Constitution that allows Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
Elastic Clause
Another name for the Necessary and Proper Clause, which allows Congress to expand on the narrow powers listed in the Constitution.
Taxes
The power to lay and collect taxes.
Naturalization Process
The process by which immigrants become U.S. citizens.
Military Powers
The power to raise armies and a navy.
Regulate Interstate Commerce
The power to regulate commerce between states.
Establish Post Office
The power to create and manage a postal system.
Internal Revenue Service (IRS)
An agency created by Congress to collect federal income taxes, an implied power derived from the expressed power to lay and collect taxes.
Civil Rights Act of 1964
Legislation passed by Congress banning discrimination in businesses that engage in interstate commerce, illustrating the implied extension of regulating commerce.
Immigration and Nationality Act
Legislation passed by Congress that sets specific requirements for becoming a U.S. citizen, an expressed power.
Bankruptcy Reform Act of 1978
Legislation passed by Congress to regulate how debts are managed and discharged, an expressed power.
U.S. Mint
The agency authorized by Congress to produce paper bills and coins, an expressed power.
National Institute of Standards and Technology (NIST)
An agency created by Congress to maintain national measurement systems, illustrating an implied power.
Federal Education and Healthcare Programs
Programs funded by Congress to promote general welfare, an implied power extending from the expressed goal of general welfare.
U.S. Postal Service (USPS)
The service formed by Congress to manage the postal system, an implied power from the expressed power to establish post offices.
Copyright Act
Legislation passed by Congress to protect creators' rights, an expressed power.
Declare War
The power explicitly stated in Article I, Section 8, allowing Congress to declare war.
Selective Service Act
Legislation passed by Congress requiring men to register for the draft, illustrating an implied power to fulfill the expressed duty of raising armies.
U.S. Court of Appeals and District Courts
Courts created by Congress, exercising the power to establish lower federal courts beneath the Supreme Court.