1. 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
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2. Types of Power Powers in US Constitution: Expressed (enumerated)
Implied
Reserved
Concurrent
Denied
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3. Expressed Powers
Expressed (or enumerated) powers – those rights and responsibilities of the US government specifically provided for and listed in the Constitution
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4. 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
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5. 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
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6. 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
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7. 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.
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8. 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.
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9. 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
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10. 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
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11. 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
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12. 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
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13. 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
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14. 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)
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15. 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)
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16. 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
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17. 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
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18. 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
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19. So what? To protect the COMMON GOOD!
Why are powers divided among the various levels of government?
To protect the COMMON GOOD!
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20. 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.
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