The Constitutional Powers of Congress

The national legislature created by the Articles of Confederation lacked sufficient powers to govern the country properly. The Constitutional Convention of 1787 created a stronger Congress with adequate powers to govern. The legislative powers were enumerated, or listed, in Article I, Section 8, whereas Article I, Section 9 enumerated powers which Congress was constitutionally restricted from exercising. Article VI made constitutional congressional laws and treaties part of the supreme law of the land. During the 1787-1788 ratification debate over the Constitution, the Federalists defended the strengthened, though limited, legislative branch and its relationship to the executive and judicial branches. The Anti-Federalists were critics of the Constitution including the Congress because they argued that it had unlimited powers and would destroy liberty.

Objectives

• Students will examine the principles of republican government, popular sovereignty, limited government and enumerated powers, and federalism through the study of Congress in the creation and ratification of the Constitution.
• Students will compare and contrast the powers of the Confederation Congress under the Articles of Confederation to the Congress created by the Constitution.
• Students will analyze the Federalist and Anti-Federalist debates over the powers of Congress during the ratification process.

Student Handouts

• Handout A: Background Essay – The Constitutional Powers of Congress
• Handout B: Articles of Confederation: Legislative Powers
• Handout C: Legislative Powers of Congress
• Handout D: The Powers of the Articles of Confederation and the U.S. Constitution Venn Diagram
• Handout E: Constitutional Convention Role-Play
• Handout F: Federalists and Anti-Federalists Debate Congressional Powers

Teacher Resources

• The Constitutional Powers of Congress Answer Key