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Powers of Government

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Delegated, Concurrent, Reserved

Powers of Government

  1. 1. Powers of the National and State Government GoPo
  2. 2. Federalism  The Constitution provides for division of powers between the national gov’t & the 50 states  This idea was implied in the Constitution & then spelled out in the 10th Amendment  Dual system  Each w/ own field of authority  Each operating over the same people & territory
  3. 3. Powers of the National Government:  The Constitution gives three types of powers to the federal government:  Delegated, Implied, & Inherent  Some powers are shared between the two levels of government  Concurrent powers  Other powers are set aside for state governments  Reserved powers
  4. 4. Delegated Powers:  #1) Expressed powers or enumerated powers  The powers specifically written in the Constitution are delegated powers  Mostly in Article I, Section 8 (Congress); some in Article II, Section 2 (President)  Examples of enumerated powers:  To collect taxes, coin money, declare war, raise & support an army, maintain a navy
  5. 5. Delegated Powers  #2) Implied Powers  Those powers that are not specifically stated in the Constitution, but that are implied by the interpretation of the Elastic Clause  Elastic Clause: the clause in the Constitution that allows Congress to pass laws as necessary and proper to carry out its authorized powers  Article I, Section 8
  6. 6. The expressed power to lay and collect taxes Implies the power to: • Punish tax evaders • Regulate (license) some commodities (such as alcohol) and outlaw the use of others (such as narcotics) • Require States to meet certain conditions to qualify for federal funding The expressed power to borrow money Implies the power to establish the Federal Reserve Systems of banks The expressed power to create naturalization law Implies the power to regulate and limit immigration
  7. 7. The expressed power to raise armies and a navy Implies the power to draft Americans into the military The expressed power to regulate commerce Implies the power to: • Establish a minimum wage • Ban discrimination in workplaces and public facilities • Pass laws protecting the disabled • Regulate banking The expressed power to establish post offices Implies the power to: • Prohibit mail fraud and obstruction of the mails • Bar the shipping of certain items through the mail
  8. 8. Delegated Powers  #3) Inherent Powers:  The powers that grow out of necessity, usually in foreign affairs  Powers that almost all national governments have grown to possess  Examples:  Acquiring territory, diplomatic recognition, foreign surveillance, detaining enemy combatants, even going to war
  9. 9. Delegated Powers  #3) Inherent Powers  Derived from two lines:  “The executive Power shall be vested in a President”  The President should “take care that the laws be faithfully executed”  Loose/Liberal Construction vs. Strict Construction
  10. 10. Powers of the State Governments:  Reserved Powers (States):  Powers that the Constitution sets aside for the state governments.  Guaranteed by the 10th Amendment  Examples:  Conducting elections  Regulating trade within a state  Ratifying amendments to the Constitution
  11. 11. Other Powers  Concurrent Powers (Shared):  “At the same time”  The powers that both national and state governments have  Examples:  Levying and collecting taxes  Enforcing laws  Borrowing money
  12. 12. Other Powers  Prohibited Powers  aka restricted powers  The powers that are denied to the federal or state government, or both
  13. 13. Prohibited Con’t.  In Article I Section 9, it specifically states that the national government cannot tax exports, nor interfere with the ability of the states to perform their responsibilities.  States cannot:  Make treaties  Print money  Tax imports  Engage in war
  • LisaIsHot1628

    Nov. 2, 2017

Delegated, Concurrent, Reserved

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