Reserved, Concurrent, and Expressed Powers
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