Our Federal System of Government
Session 10: Expressed and Implied Powers

Materials

• Textbook

Instructional Activities

1. Explain that Congress has certain powers that are specifically listed in the Constitution. These are called expressed powers. They are sometimes called enumerated powers.
   
   
2. Ask students to turn to Article 1, Section 8, paragraphs 1-17, in the Constitution. Have students work in pairs to write 15 powers given to Congress by the Constitution.
   
   
3. Conduct a whole-class discussion on expressed powers. Compile a list of the powers students identify. (Make sure students understand what the powers mean. Cite examples.)
   
   
4. Explain that it was not possible for the writers of the Constitution to anticipate all of the needs of our government in the future. Therefore, they gave Congress broad "implied" powers. These implied powers are used to carry out the expressed powers.
   
   
5. Ask students to turn to Articles 1, Section 8, paragraph 18. Ask a student to read the paragraph aloud. Conduct a discussion on the meaning of this clause.
   
   
6. Ask students to predict how this clause is used today.
   
   
7. Explain that some situations (e.g., regulating the airline industry) would not have existed when the Constitution was written. However, the power to regulate this industry is implied by the power to regulate commerce (trade).
   
   
8. Remind students that Congress has these powers only in matters that go across state lines. (Briefly explain the concept of interstate and intrastate without holding students responsible for the definitions.)
   
   
9. Explain that states have many of these same powers within their legislatures.