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Constitutional Powers

Constitutional Powers. Two key principles of the Constitution. Federalism : division of political authority between states and a national government. Separation of powers: division of power among several branches of government. Federalism.

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Constitutional Powers

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  1. Constitutional Powers

  2. Two key principles of the Constitution • Federalism: division of political authority between states and a national government. • Separation of powers: division of power among several branches of government.

  3. Federalism Def: A system of government in which a written constitution divides powers of government on a territorial basis between a central, or national, government and several regional governments.

  4. Federalism Why are some activities of government better left to the states? Local needs, traditions and desires vary from state to state. State governments can respond to these local needs. So, the Constitution gives specific powers to both levels of government.

  5. “Powerful” vocabulary • Enumerated • Expressed • Concurrent • Reserved • Implied • Inherent

  6. Powers of the National Government EXPRESSED POWERS (ENUMERATED) Powers given to the national government by the Constitution. They are spelled out, “expressly,” in the words of the Constitution. Example: “To establish Post Offices and Post Roads.” IMPLIED POWERS Powers which are not spelled out, but are implied by the words of the Constitution.

  7. ENUMERATEDPOWERS OF THE NATIONAL GOVERNMENT POWERS RESERVED TO THE STATES CONCURRENT POWERS Concurrent powers: Powers that both the states and the national government possess. • Coin money • Regulate interstate and foreign trade • Raise and maintain armed forces • Declare war • Govern U.S. territories and admit new states • Conduct foreign relations • Make and enforce laws. • Define crimes and punishments • Levy and collect taxes • Borrow money • Establish courts • Claim private property for public use • Regulate trade and business within the state • Establish public schools • Pass license requirements for professionals • Regulate alcoholic beverages • Conduct elections • Establish local governments Enumerated powers: Powers that the Constitution specifically gives to the national government. aka expressed powers because they are clearly expressed in the words of the Constitution. Reserved powers: Powers that the Constitution does not grant to the national government but does not deny to the states.

  8. Powers of the National Government The “necessary and proper” clause Article I, Section 8, Clause 18 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.” It doesn’t SAY Congress can pass a law setting a minimum wage, but it is IMPLIED.

  9. Powers of the National Government INHERENT POWERS Powers that belong to the national government because it is the government of a sovereign state in the world community. President Trump meets with Chinese President Xi. Diplomatic relations with other countries National defense Controlling immigration

  10. Who has the power? National, state or both? (Enumerated, reserved, concurrent) 1. Conduct searches of all cargo ships entering U.S. harbors. 2. Create a trade agreement regulating the sale of Canadian livestock in the U.S. 3. Enforce laws in the “War on Drugs.” 4. Pass laws making it harder for aliens to obtain false documents. 5. Determine what type of voting machines will be used in elections. 6. Prohibit the sale and possession of cigars imported from Cuba. 7. Raise or lower the drinking age. 8. Lower income taxes. 9. Decide what subjects will be taught in schools. 10. Build roads to provide for safe and easy travel. 11. Decide what color the new $7.00 bill will be. 12. Ensure that citizens receive fair trials when accused of a crime. 13. Provide a navy to protect the nation. 14. Set requirements for certification for nurses.

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