POWERS OF THE GOVERNMENT
In setting up the federal system, the constitution divided the powers of government:
1. INHERENT POWERS
Powers delegated to the national government because it is the government of a sovereign state within
the world community.
Interestingly these powers are not specifically written the constitution but are understood to be
possessed by the government
Examples:
 conducting foreign policy
 immigration policy
 acquiring territory
 recognizing foreign countries
 to protect the nation against rebellion or those seeking to overthrow the government
2. RESERVED POWERS
Powers of the Constitution given specifically to the state
Amendment 10: 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.
In other words, states have all powers not granted to the federal government by the Constitution.
Examples:
 regulate trade and business within the State
 establish public schools
 pass license requirements for professionals
 regulate alcoholic beverages
 conduct elections, determine the qualifications of voters
 establish local governments
 protect public welfare and safety
3. CONCURRENT
Powers that both the national government and the state governments share, or can do
Examples:
 levy and collect taxes
 borrow money
 set up courts and prisons
 define crime
 claim private property for public use
4. EXPRESSED POWERS
Powers of the Constitution given to the national government
Expressed powers of Congress are sometimes called enumerated powers
The expressed powers of Congress are found in Article I Section 8 (textbook p. 98)
Examples : controlling immigration, maintaining an army, establishing a postal system, coining money
5. IMPLIED POWERS
Powers that belong to Congress to make all laws that are necessary and proper for governing the
country
Article I Section 8 Clause 18 called the “elastic” clause or “necessary and proper clause” p. 99
Examples:
creation of federal agencies to carry out laws; creation of the draft to raise armies and a navy;
to encourage commerce, discrimination can be banned in the workplace; to regulate commerce
a minimum wage can be established
POWERS DENIED TO THE FEDERAL GOVERNMENT LISTED IN THE CONSTITUTION:
Article 1 Section 9
Congress cannot ban slave trade until 1808
1. Writ of Habeas Corpus cannot be denied: rthe right to appear before a judge to learn the
charges against you cannot be denied
2. No bills of attainders: laws that punish a person without a trial
3. No ex post facto Laws –laws that punish a person for an action that was not against the law
when it was committed
4. No direct taxes on individuals- the 16th Amendment made the Income Tax legal
5. No taxes on exports from one state to another
6. States must treat each other the same- uniformity of treatment
7. All of the money spent by the president must be approved by Congress (the president cannot
spend money indiscriminately)
8. No titles of nobility
POWERS DENIED TO THE STATES LISTED IN THE CONSTITUTION
Article I Section 10
1. States cannot conduct foreign affairs, wage war, control interstate or foreign commerce
2. States cannot tax exports or imports
3. States cannot maintain an army or make treaties
4. Article 6- States cannot pass laws that conflict with the national government’s laws
POWERS OF THE GOVERNMENT
In setting up the federal system, the constitution divided the powers of government:
1. _____________________ or NATIONAL POWERS
Powers delegated to the national government because it is the government of a sovereign state within
the world community.
Examples:
 conducting _________________________________
 immigration policy
 recognizing __________________________________
 to protect the nation against rebellion or those seeking to overthrow the government
 declaring war
 regulating trade and relations between states
2. _____________________POWERS
Powers of the Constitution given __________________________________________
Amendment ___________: 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.
In other words, states have all powers not granted to the federal government by the Constitution.
Examples:
 regulate trade and business within the State
 establish __________________________________
 pass license requirements for professionals (teachers, doctors, architects, lawyers, etc)
 regulate alcoholic beverages
 conduct elections, determine the __________________________________
 establish local governments
 protect public welfare and safety
3. _____________________ POWERS
Powers that __________ the national government and the state governments share, or can do
Examples:
 levy and __________________________________
 borrow money
 set up __________________________________
 define crime
 claim private property for public use
COMPETE CHART 1
4. _____________________POWERS
Powers of the Constitution given to the _____________________
Expressed powers of Congress are sometimes called enumerated powers
The expressed powers of Congress are found in ________________________________(textbook p. 98)
Examples : controlling immigration, maintaining an army, establishing a postal system, coining money
5. _____________________POWERS
Powers that belong to Congress to make all laws that are ____________________________________
for governing the country
Article I Section 8 Clause 18 called the “elastic” clause or “necessary and proper clause” p. 99
Examples:
creation of federal agencies to carry out laws; creation of the draft to raise armies and a navy;
to encourage commerce, discrimination can be banned in the workplace; to regulate commerce
a minimum wage can be established
POWERS DENIED TO THE FEDERAL GOVERNMENT LISTED IN THE CONSTITUTION:
Article 1 Section 9
Congress cannot ban slave trade until 1808
1. ________________________________cannot be denied: the right to appear before a
judge to learn the charges against you cannot be denied
2. No _______________________________: laws that punish a person without a trial
3. No ______________________________Laws –laws that punish a person for an action
that was not against the law when it was committed
4. No direct taxes on individuals- the 16th Amendment made the Income Tax legal
5. No taxes on exports from one state to another
6. States must treat each other the same- uniformity of treatment
7. All of the money spent by the president must be approved by Congress (the president cannot
spend money indiscriminately)
8. No titles of ______________________
POWERS DENIED TO THE STATES LISTED IN THE CONSTITUTION
Article I Section 10
1. States cannot conduct ____________________________________________________________
2. States cannot tax ____________________________________________
3. States cannot maintain ____________________________________________________________
4. Article 6- States cannot pass laws that conflict with the national government’s laws
POWERS OF THE GOVERNMENT
In setting up the federal system, the constitution divided the
powers of government:
1. INHERENT or NATIONAL POWERS
Powers delegated to the national government because it is the
government of a sovereign state within the world community.
Interestingly these powers are not specifically written the
constitution but are understood to be possessed by the
government
Examples:
 conducting foreign policy
 immigration policy
 acquiring territory
 recognizing foreign countries
 to protect the nation against rebellion or those seeking to
overthrow the government
2. RESERVED POWERS
Powers of the Constitution given specifically to the state
Amendment 10: 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.
In other words, states have all powers not granted to the
federal government by the Constitution.
Examples:
 regulate trade and business within the State
 establish public schools
 pass license requirements for professionals
 regulate alcoholic beverages
 conduct elections, determine the qualifications of voters
 establish local governments
 protect public welfare and safety
3. CONCURRENT
Powers that both the national government and the state
governments share, or can do
Examples:
 levy and collect taxes
 borrow money
 set up courts and prisons
 define crime
 claim private property for public use
COMPLETE CHART ONE
4. EXPRESSED POWERS
Powers of the Constitution given to the national government
Expressed powers of Congress are sometimes called
enumerated powers
The expressed powers of Congress are found in
Article I Section 8 (textbook p. 98)
Examples : controlling immigration, maintaining an army,
establishing a postal system, coining money
5. IMPLIED POWERS
Powers that belong to Congress to make all laws that are
necessary and proper for governing the country
Article I Section 8 Clause 18 called the “elastic” clause or
“necessary and proper clause” p. 99
Examples:
creation of federal agencies to carry out laws; creation of
the draft to raise armies and a navy; to encourage commerce,
discrimination can be banned in the workplace; to regulate
commerce a minimum wage can be established
POWERS DENIED TO THE FEDERAL GOVERNMENT
LISTED IN THE CONSTITUTION:
Article 1 Section 9
Congress cannot ban slave trade until 1808
1. Writ of Habeas Corpus cannot be denied: rthe right to
appear before a judge to learn the charges against you
cannot be denied
2. No bills of attainders: laws that punish a person without a
trial
3. No ex post facto Laws –laws that punish a person for an
action that was not against the law when it was committed
4. No direct taxes on individuals- the 16th Amendment made
the Income Tax legal
5. No taxes on exports from one state to another
6. States must treat each other the same- uniformity of
treatment
7. All of the money spent by the president must be approved
by Congress (the president cannot spend money
indiscriminately)
8. No titles of nobility
POWERS DENIED TO THE STATES LISTED IN THE
CONSTITUTION
Article I Section 10
1. States cannot conduct foreign affairs, wage war, control
interstate or foreign commerce
2. States cannot tax exports or imports
3. States cannot maintain an army or make treaties
4. Article 6- States cannot pass laws that conflict with the
national government’s laws