Powers of Government Constitution – a set of customs, traditions, rules, and laws that sets forth the way a government is organized and operated US Constitution contains several types of powers FED Resource 2D

Types of Power Powers in US Constitution: Expressed (enumerated) Implied Reserved Concurrent Denied FED Resource 2D

Expressed Powers Expressed (or enumerated) powers – those rights and responsibilities of the US government specifically provided for and listed in the Constitution FED Resource 2D

Implied Powers Implied powers – the power of Congress to do all things necessary and proper to carry out the powers delegated to it by Article I of the Constitution Those powers Congress needs to carry out their expressed powers FED Resource 2D

Reserved Powers Reserved powers – those powers not delegated to the national government in the Constitution belong to the states (or to the people) The Founders limited the powers given to the national government FED Resource 2D

Concurrent Powers Concurrent powers – those powers in the Constitution which are to be shared by the state and national governments Neither the states nor the national government has sole control over these powers FED Resource 2D

Denied Powers Denied powers – those powers specifically disallowed for either the national or state governments by the Constitution. These are listed in the Constitution. End of Part 1. Stop here and distribute the excerpts to 6 groups. Students should work together to classify which type of power their excerpt represents. FED Resource 2D

Group 1 EXPRESSED Article I, Section 8 – Commerce: “The Congress shall have the Power… To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes…” EXPRESSED Beginning of Part 2. In these slides, students will be given the opportunity to explain their excerpts, including why they classified their excerpt as a specific type of power. FED Resource 2D

Group 2 IMPLIED Article I, Section 8 – Necessary & Proper: “The 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.” IMPLIED FED Resource 2D

Group 3 DENIED Article I, Section 10 – Restrictions: “No State shall enter into any Treaty, Alliance, or Confederation;…coin Money; emit Bills of Credit; … No State shall, without the Consent of Congress, lay any Imposts or Duties on Imports or Exports… No State shall, without the Consent of Congress…keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded…” DENIED FED Resource 2D

Group 4 CONCURRENT Article IV, Section I – Full Faith & Credit: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.” CONCURRENT FED Resource 2D

Group 5 EXPRESSED Article II, Section 2 – Powers of President: “The President shall be Commander in Chief of the Army and Navy of the United States…and he shall have Power to grant Reprieves and Pardons for Offences against the United States… He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall…appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…” EXPRESSED FED Resource 2D

Group 6 RESERVED 10th 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.” RESERVED FED Resource 2D

Examples: Expressed Article I, Section 8 – Legislative powers Lay and collect taxes, duties, and imposts Coin money and regulate the value thereof Congress can declare war Article II, Section 2 – Executive Powers Commander in chief Grant reprieves and pardons Make treaties and appointments (with consent of 2/3 of Senate) FED Resource 2D

Examples - Implied Article I, Section 8 – “Necessary and Proper clause,” also known as the elastic clause Has often been used to expand the power of the national government Formation of a national bank (McCulloch v. Maryland) FED Resource 2D

Examples - Reserved 10th Amendment Printz v. United States (1997) – Supreme Court found a federal law requiring local police to conduct background checks on all gun purchasers violated the 10th Amendment (states’ rights) Elections Public Schools FED Resource 2D

Examples - Concurrent Both federal government and state governments have separate judicial systems Both federal and state legislatures can make laws (but federal laws are supreme if the two conflict) Levy taxes Make & maintain roads FED Resource 2D

Examples - Denied Article I, Section 9 – Restrictions on powers of Congress: Shall not suspend the writ of habeas corpus No interstate tariffs No preferential treatment for some states Article I, Section 10 – Restricts states Shall not make treaties Shall not coin money FED Resource 2D

So what? To protect the COMMON GOOD! Why are powers divided among the various levels of government? To protect the COMMON GOOD! FED Resource 2D

How does the government do this? The national government has resources that aren’t available to the local governments (money, etc.) and the national government has to think of the needs of ALL Americans. Yet, the local government is more aware of the needs of the people it serves and it doesn’t have the same amount of resources available. By dividing the powers among the various levels of government, the common good of the people is achieved. FED Resource 2D