Reserved, Concurrent, and Expressed Powers

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Implied Powers

"necessary and proper clause" convenient and useful ('elastic clause')

Supreme Court

'umpire' in the federal system. Apllies supremacy clause in conflicts of dual gov't

What were the Framers of the Constitution afraid of?

1) that government power poses a threat to individual liberty 2)the exercise of the governmental power must be restrained 3)to divide governmental power, as federalism does, is to curb it and so prevent its abuse

Federalism

Allows individual states to handle state and local matters, it also provides for the strength that comes from union.

Inherent Powers

Belong to the National Government bc it is the National Gov't of a sovereign state in world community

Who is immune from any form of state taxation?

National Government

Inherent Powers

THESE POWERS EXIST BC THE USA EXISTS

Federalism

a system of government in which a written consititution divides the powers of government on a territorial basis between a central or national, government or several regional governments, usually called states or provinces

Division of Powers

assigns certain powers to the National Government and certain powers to the states.

types of delegated powers

expressed, implied, and inherent

Expressed Powers

grabted to the National Government-spelled out in the constitution, aka 'enumerated powers'

Delegated Powers

only those powers granted/delegated in the constitution

inherent

power to acquire territory

expressed

power to authorize $3 Bill

concurrent

power to borrrow money

concurrent

power to collect taxes

reserved

power to conduct elections

expressed

power to declare war

concurrent

power to define crimes and set punishments

implied

power to establish an Army, Navy Academy...

concurrent

power to establish courts

inherent

power to establish diplomatic relations

expressed

power to establish post offices

concurrent

power to establish prison system

reserved

power to establsih public schools

reserved

power to grant marriages

reserved

power to license doctors, hair stylists...

reserved

power to limit alcohol purchases over 25

expressed

power to print money

inherent

power to regulate immigration

Concurrent Powers

powers that both the national gov't and states possess and exercise

exclusive powers

powers that the consititution only grants to the National Gov't and time denied to the states

Supremacy Clause

the constitution is above all forms of law in the US. Acts of Congress and treaties are beneath the Constitution

Reserved Powers

those powers that the constitution does not grant to the national gov't; at same time doesn't deny to the states


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