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- Express powers: Powers that the Constitution explicitly grants the federal government. These include the powers to:
Collect taxes
Regulate interstate commerce
Coin money, regulate currency, set standards of weights and measures
Declare war
Raise and maintain an army and navy
- Implied powers: Based on the elastic clause (Art. I, § 8, cl. 5), powers considered "necessary and proper" for carrying out the enumerated (or express) powers
For example, in 1791, Federalists in Congress argued that the creation of a national bank was "necessary and proper" for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress's right to found this national bank.
- Denied powers: Powers that the Constitution explicitly denies to the federal government. These include:
The writ of habeas corpus cannot be suspended unless in cases of rebellion or invasion, when deemed necessary to national safety.
No bill of attainder or ex post facto law can be passed.
"Supreme law of the land": the Constitution and Federal Laws take precedence over state laws (Art. 6)
Powers reserved for the states: "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" (Tenth Amendment in the Bill of Rights)
Overlapping powers: Powers allotted to both state governments and the federal government. These include:
The power to levy taxes
The power to borrow money
The power to charter corporations
State-to-state relations:
Full faith and credit clause: Each state must honor other states' public acts and records
A citizen of one state is a citizen of every state and is entitled to all the privileges and immunities of those states
Anyone who is charged with a crime in one state and escapes to another state must be returned to the state where the crime was committed
Congress may admit new states to the Union, but no new states can be created within the boundaries of existing states without the approval of Congress and the state legislatures concerned
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What are the powers of both state and federal governments?
Powers shared by both the federal and state governments are called "concurrent powers." For example, they both have the power to tax, to try criminals in court, and to build roads.
Under federalism which level of government has concurrent powers?
Both state and federal government
Powers of both state and federal government?
Concurrent Powers
What are the delegated-reserved and concurrent powers?
reserved powers are powers reserved to the state Delegated powers are powers reserved to the federal government and Concurrent powers are powers reserved to both state and federal government
Powers of both the state and federal governments?
Concurrent
Who shares concurrent powers?
powers shared by both state and federal governments
These are powers both the state and federal governments have at the same time?
concurrent powers
What kind of powers allows both the federal government and state governments to do?
concurrent powers
Explain the difference among expressed reserved and concurrent powers?
Reserved powers are assigned to either the federal or local government, but not to both. Concurrent powers are assigned to both the federal and local government, and can be carried out simultaneously or as needed.
Who shared power?
powers shared by both state and federal governments
What powers are given to both state and federal governments by the Constitution?
Concurrent
What powers does the constitution give both the federal and state governments?
concurrent
