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Delve into the delegated, reserved, and concurrent powers of the US government as outlined in the Constitution, including examples and distinctions between types of powers.
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4.1: The Division of Power
Our National govt is a govt of delegatedpowers – it has only those granted to it in/by the Constitution • There are 3 types:
1. Expressed Powers • Those spelled out expressly, in the Const. • Examples: • Lay & collect taxes, coin money, declare war (Art I) • Make treaties, declare pardons (Art II)
2. Implied Powers • Not expressly stated in the Const but are suggested by the expressed powers & what is written in the Const • Examples: • Build interstate highways, prohibiting racial discrimination
3. Inherent powers • Belong to the Nat’l govt because it is a sovereign nation (have inherited or have historically possessed) • Examples: • Regulate immigration, deport undocumented aliens, acquire territory
Most delegated powers are exclusive powers – can ONLY be done by nat’l govt (forbidden to the States) • Examples: • Coin money, declare war, make treaties
The States are govts of reserved powers – those not granted to the Nat’l govt & not denied to the States (10th amendment) • Examples: • Regulate business w/in the State, establish public schools, license professions, regulate liquor
Some delegated powers are concurrent powers – can be exercised by both govts • Examples: • Lay & collect taxes, borrow $, define crimes & punishments, make laws