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The Powers of Government
Delegated Powers are those powers granted to the National Government, supported by the United States Constituion. Three distinct types of delegated powers exist: expressed, implied, and inherent.
Delegated Powers
Examples of Expressed Powers: -To coin money -To declare war -To lay and collect taxes -To regulate foreign/interstate trade
Expressed Powers are those powers delegated to the National Government that are explicitly spelled out in the Constitution (found mainly in Article I, Section 8). There are 27 powers expressly given to Congress, but powers are also set out to the President and the Judiciary in Articles II and III.
Expressed Powers
Implied Powers are those powers not distinctly set in the Constitution but are reasonably insinuated by the powers that are. They have basis in the "necessary and proper" clause, which gives Congress the right to make all the laws that are essential to carrying out its delegated powers.
Examples of Implied Powers: -To levy income taxes -To organize a national postal system -To conscript armies -To establish a national bank
Implied Powers
Inherent Powers are those powers that belong to the National Government because it heads a soverign state in the world community. These powers are often historically posessed, and stem from one or more of the expressed powers, but because they are inherent it is not necessary to find them in the Constitution.
Examples of Inherent Powers: -To regulate immigration -To deport aliens -To acquire territory -To protect the nation against rebellion/internal subversion
Inherent Powers
Prohibited Powers are those powers denied to the National Government, and similarly, the state governments by the Constitution. To the National Government, powers are denied expressly by the Constitution, but they are also denied if they are not mentioned in it, or due to the established federal system and the need to protect it from power threats from the national authority. To the state governments, powers are denied both expressly by the Constitution and due to the existence of the federal system.
Examples of Prohibited Powers: National- -To levy duties on imports -To conduct illegal searches/seizures -To enact uniform marriage/divorce laws -To tax states or their local units in the carrying out of their government functions State- -To enter into any treaty, alliance, or confederation -To coin money -To tax the national government -To deprive an individual of life, liberty, or property without due process
Reserved Powers are those powers held by the states in the federal system and not given to the National Government. These powers are supported by the Tenth Amendment, which reserves to the states/people those powers not granted to the National Government by the Constitution and not denied to the states.
Exclusive Powers are those powers that can be used soley by the National Government, and are therefore denied to the states. Some of these powers are not expressly denied to the states but are considered exclusive because of their operation.
Prohibited Powers
Examples of Reserved Powers: -To delegate the age required to marry -To delegate the age required to purchase liquor -To require the licensing of various professions to work within a state -To administer elections
Reserved Powers
Examples of Exclusive Powers: -To make treaties with foreign states -To regulate interstate commerce -To lay import duties -To coin money
Exclusive Powers
Concurrent Powers are those powers both possessed and practiced by National and state governments. These are used seperately and simultaneously- as powers that the Constitution does not grant exclusively to the National Government but doesn't prohibit to the states.
Examples of Concurrent Powers: -To lay and collect taxes -To define and set punishments for crimes -To take private property for public use (by condemning) -To establish and maintain courts
Concurrent Powers
