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Transcript
Federal Powers
• Expressed Powers
– Regulate Commerce and Trade
– Foreign Relations, War and Peace
– Coin and Print money
– Raise and Support Military
– Establish Post Offices and Roads
– Naturalization and Immigration
• Implied Powers (Elastic Clause)
State Powers
• States had powers prior to the Constitution
– Regulate Trade within State
– Establish local Government
– Conduct Elections and Set Voter Qualifications
– Incorporate Businesses, license professionals
– Make Marriage Laws
• Reserved Powers (10th Amendment)
Concurrent Powers
• Powers of federal and state governments
– Taxation
– Borrow Money
– Establish Courts
– Charter Banks
– Enforce Laws and Punish Criminals
Supremacy Clause
• “This Constitution, and the Laws of the United States which
shall be made in pursuance thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land; and the judges in every
state shall be bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding.”
Elastic Clause
• “To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the
United States, or in any department or officer thereof.”
Commerce Clause
• “ The Congress shall have power . . . To regulate commerce
with foreign nations, and among the several states, and with the
Indian tribes; ”
Tenth Amendment
• “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.”
Full Faith and Credit Clause
• “Full faith and credit shall be given in each state to the public
acts, records, and judicial proceedings of every other state. And
the Congress may by general laws prescribe the manner in
which such acts, records, and proceedings shall be proved, and
the effect thereof.”
General Welfare Clause
U.S. Constitution: Article I Section 8:
The Congress shall have power to lay and collect taxes, duties,
imposts and excises, to pay the debts and provide for the common
defense and general welfare of the United States; but all duties,
imposts and excises shall be uniform throughout the United States;
Federal Income Tax
XVI Amendment
“The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.”
Privileges and Immunities Clause
Article IV Section 2
“The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.”