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Delegated Powers
The powers that belong to the states in the federal system; they are powers that are not given to the national government nor specifically denied to the states (10th Amendment).
The powers that are not expressively stated in the Constitution but are reasonably assumed to belong to the national government in order to execute its expressed powers ("Necessary and Proper" Clause or the Elastic Clause).
Implied Powers
Reserved Powers
Powers of Government!
Examples: -Establish postal systems -Maintain a military -Declare war -Collect taxes -Coin money.
Expressed Powers
The powers of the national government include only those powers granted to it in the Constitution; they inlude expressed, implied and inherent powers.
Inherent Powers
The powers that belong to the national government because it's the government of a sovereign nation in the world community; nation-states have the national right to ensure its own survival.
The powers delegated to the national government in so many words; they are specifically spelled out in the Constitution.
Examples: -To borrow money on the credit of the US -To establish a uniform rule of naturalization -To regulate interstate and international commerce -To make rules for the government and the military
Examples: -Ability to establish a federal bank (McCulloch v. Maryland) * -Ability to establish a system of national banks -Making treasury notes a legal tender in paying debts (Legal Tender Case) -Punishments of contempt against the authority of Congress, including non-members (Anderson v. Dunn and Kilbourn v. Thompson) -Regulate the methods of appointing officials *Justice John Marshall--->
Examples: -President, as the head of the nation, has command over the military -Regulate immigration -Deport undocumented aliens -Acquire territory
Exclusive powers
Examples: -Establish local governments -Establish and maintain schools -Conduct elections -Marriage laws -Regulate commerce within the state
The powers that can be exercised by both the national government and the state governments; they are not exclusive to the national government nor denied to the states; they are held separately and exercised simultaneously
The powers that can be exercised only by the national government; they include most of the delegated powers
Concurrent Powers
Examples: -Grant/accept titles of nobility -Taxing exports -Deny Habeas Corpus (bringing an arrested individual before a judge before being held) -Passing a law that makes a past-action a crime
The powers that are denied to the national government in writing, by the silence the Constitution or because of our system of federalism.
Prohibited Powers
Examples: -Making treaties with foreign nations -Conduct foreign affairs -Coining/printing money -Impeachments of officials -Regulate interstate, international trades -Provide for the navy and the army -Declare war
Examples: -Collect taxes -Make and enforce laws -Establish and maintain courts -Build improvements (roads) -Establish an army (national guard) -Hold elections
