Powers of Government GOVT 2305, Unit 3

Delegated Powers Delegated powers are those powers granted explicitly to the government by the U.S. Constitution.

The powers of government are limited The powers of the federal government are limited by the Constitution. The federal government can only exercise those powers that are granted to it by the Constitution.

The Constitution specifically grants these powers to the president. Presidential Powers power to enforce laws commander in chief require reports from the heads of the executive departments grant pardons and reprieves negotiate treaties appoint ambassadors, judges, and other officials make policy recommendations to Congress receive ambassadors convene special sessions of Congress The Constitution specifically grants these powers to the president.

The branch least likely to threaten individual liberty. Judicial Powers power to interpret laws The branch least likely to threaten individual liberty. The list of powers delegated to the judicial branch is very short. In the Federalist Papers, the judicial branch is referred to as the “least dangerous branch.” What do you think that meant?

Legislative Powers regulate commerce levy taxes borrow money declare war coin money establish post offices and post roads establish rules for patent and copyright protection And more The longest list of delegated powers is the list of powers given the legislative branch. It is found in Art. I, Sect. 8.

Implied powers An implied power is authority not explicitly granted by the constitution but assumed by the government because of powers that have been explicitly granted.

Necessary and Proper Clause 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 office thereof." (Art. I, Sec. 8) This provision provides the basis for the implied powers. This clause is found at the end of the delegated powers granted to Congress. It gives Congress the authority to carry out its delegated powers.

AKA Elastic Clause

Note: The United States does not currently have a draft. Selective Service The Constitution says that Congress can raise and support armies and maintain a navy. This is a delegated power. The power to draft men (and potentially women) into the armed forces would be an implied power, justified as necessary and proper for carrying out the delegated power. Note: The United States does not currently have a draft.

National Supremacy Clause The provision in Article VI of the Constitution that the Constitution itself and the laws and treaties of the United States are the supreme law of the land, taking precedence over state laws and constitutions. In short, the National Supremacy Clause declares that the constitutional exercise of national power supersedes state action. If the national government has authority to act, its actions take precedence over the states.

Which Takes Precedence? Texas state law U.S. law Texas Constitution Houston ordinance U.S. Constitution U.S. Constitution U.S. Law Texas Constitution Texas law Houston ordinance Courts, esp. the U.S. Supreme Court Who or what would determine if a conflict among laws actually existed?

Quiz D The Elastic Clause is also known as … Tenth Amendment Commerce Clause Bill of rights Necessary and Proper Clause D

What We Have Learned What are the delegated powers? What are some examples of delegated powers granted to each of the three branches of government? What are the implied powers? What is an example of an implied power? What is the relationship between the implied powers and the necessary and proper clause? What is the significance of the national supremacy clause?