Liberal and strict constructionists would most likely disagree over which power of Congress?

Answer 1

Liberal and strict constructionists would most likely disagree over the interpretation of Congress's powers under the Necessary and Proper Clause (also known as the Elastic Clause) of the U.S. Constitution.

Strict constructionists advocate for a narrow interpretation of the Constitution, believing that Congress should only have the powers explicitly granted to it by the Constitution. They tend to limit the federal government's authority and be skeptical of implied powers.

On the other hand, liberal constructionists support a broader interpretation of the Constitution, arguing that Congress has the authority to take actions that are not explicitly mentioned in the Constitution, as long as they are deemed necessary and proper to carry out its enumerated powers.

This fundamental disagreement shapes how each side views various congressional actions and the scope of federal authority, particularly in areas like taxation, commerce, and regulation.