Powers of the Federal (National) GOVT GOVT Notes 3-2
1. Delegated Powers Define: Powers specifically listed in the Constitution Legislative Executive Judicial Power to Tax Appoint Judges & Ambassadors Decide lawsuits between states Command the Army/Navy & Militias Naturalization (Citizenship) Rules Decide cases involving foreign Ambassadors Declare War Coin Money Regulate commerce (trade)
2. Implied Powers Elastic Clause Congress can pass all laws that are “necessary and proper” to do their job Allows National GOVT to stretch its powers EX: Louisiana Purchase
3. Prohibited Powers (Art. I, Sec. 9, 10) Define: Powers denied to the National government, states, or both No Bill of Attainder Law declares person guilty and inflicts punishment without a trial EX: Curfew is acceptable Bill of Attainder
3. Prohibited Powers (Art. I, Sec. 9, 10) B) No Suspension of Writ of Habeas Corpus Police must bring a person held in custody before a court and explain their detention
3. Prohibited Powers (Art. I, Sec. 9, 10) C) No ex post facto law - can’t punish a person for an action committed before it was a crime
4. Inherent Powers Define: reasonable powers the National government has…(not listed in Constitution) EX: foreign affairs, immigration policy
4. Inherent Powers Eminent Domain – government can buy private property to use for projects 5th Amendment – fair compensation