Download Implied powers

Powers of Government
Constitution – a set of customs,
traditions, rules, and laws that sets
forth the way a government is
organized and operated
US Constitution contains
several types of powers
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Types of Power
Powers in US Constitution:
• Expressed (enumerated)
• Implied
• Reserved
• Concurrent
• Denied
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Expressed Powers
• Expressed (or enumerated) powers –
those rights and responsibilities of the
US government specifically provided
for and listed in the Constitution
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Implied Powers
• Implied powers – the power of
Congress to do all things necessary and
proper to carry out the powers
delegated to it by Article I of the
Constitution
– Those powers Congress needs to carry out
their expressed powers
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Reserved Powers
• Reserved powers – those powers not
delegated to the national government in
the Constitution belong to the states (or to
the people)
– The Founders limited the
powers given to the
national government
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Concurrent Powers
• Concurrent powers – those powers in
the Constitution which are to be shared
by the state and national governments
Neither the states nor the
national government has sole
control over these powers
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Denied Powers
• Denied powers – those powers
specifically disallowed for either the
national or state governments by the
Constitution. These are listed in the
Constitution.
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Group 1
• Article I, Section 8 – Commerce:
• “The Congress shall have the Power…
• To regulate Commerce with foreign Nations, and
among the several States, and with the Indian
Tribes…”
• EXPRESSED
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Group 2
• Article I, Section 8 – Necessary & Proper:
• “The Congress shall have the Power…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.”
• IMPLIED
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Group 3
• Article I, Section 10 – Restrictions:
• “No State shall enter into any Treaty, Alliance, or
Confederation;…coin Money; emit Bills of Credit; …
• No State shall, without the Consent of Congress, lay any
Imposts or Duties on Imports or Exports…
• No State shall, without the Consent of Congress…keep Troops,
or Ships of War in time of Peace, enter into any Agreement or
Compact with another State, or with a foreign Power, or engage
in War, unless actually invaded…”
• DENIED
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Group 4
• Article IV, Section I – Full Faith & Credit:
• “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.”
• CONCURRENT
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Group 5
• Article II, Section 2 – Powers of President:
• “The President shall be Commander in Chief of the Army and Navy
of the United States…and he shall have Power to grant Reprieves
and Pardons for Offences against the United States…
• He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall…appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States…”
• EXPRESSED
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Group 6
• 10th 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.”
• RESERVED
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Examples: Expressed
• Article I, Section 8 – Legislative powers
– Lay and collect taxes, duties, and imposts
– Coin money and regulate the value thereof
– Congress can declare war
• Article II, Section 2 – Executive Powers
– Commander in chief
– Grant reprieves and pardons
– Make treaties and appointments (with
consent of 2/3 of Senate)
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Examples - Implied
• Article I, Section 8 – “Necessary and
Proper clause,” also known as the elastic
clause
• Has often been used to expand the power
of the national government
• Formation of a national bank (McCulloch
v. Maryland)
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Examples - Reserved
• 10th Amendment
• Printz v. United States (1997) – Supreme
Court found a federal law requiring local
police to conduct background checks on
all gun purchasers violated the 10th
Amendment (states’ rights)
• Elections
• Public Schools
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Examples - Concurrent
• Both federal government and state
governments have separate judicial
systems
• Both federal and state legislatures can
make laws (but federal laws are supreme
if the two conflict)
• Levy taxes
• Make & maintain roads
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Examples - Denied
• Article I, Section 9 – Restrictions on
powers of Congress:
– Shall not suspend the writ of habeas corpus
– No interstate tariffs
– No preferential treatment for some states
• Article I, Section 10 – Restricts states
– Shall not make treaties
– Shall not coin money
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So what?
• Why are powers divided among the
various levels of government?
• To protect the COMMON GOOD!
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How does the government do this?
The national government has resources that
aren’t available to the local governments
(money, etc.) and the national government
has to think of the needs of ALL Americans.
Yet, the local government is more aware of the
needs of the people it serves and it doesn’t
have the same amount of resources available.
By dividing the powers among the various
levels of government, the common good of
the people is achieved.
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