1. Powers of the National (Federal) GOVT
GOVT Notes 2-3

2. a.k.a. = enumerated or expressed powers
1. Delegated Powers
a.k.a. = enumerated or expressed powers
Define: Powers specifically mentioned in the Constitution
Legislative (Art I)
Executive (Art I)
Judicial (Art I)
Power to Tax
Appoint/Receive Ambassadors
Decide lawsuits between states
Regulate commerce
Command the Army/Navy & Militias
Decide cases involving foreign Ambassadors
Naturalization Rules
Coin Money
Grant Patents
Declare War

3. 2. Implied Powers (Art. I, Sec. 8)
- Suggested by Expressed Powers
Necessary and Proper Clause (Elastic Clause)
Allows National GOVT to stretch its powers
EX: Louisiana Purchase
Loose Construction
Broad interpretation of the Const.
EX: Right to Privacy
Narrow/Strict Construction
Belief that implied powers are used too often
Interpret Const. as it was written

4. 3. Prohibited Powers (Art. I, Sec. 9, 10)
Define: Powers denied to (or restricted from) National GOVT, States, or both
No Bill of Attainder
Law declares person/group guilty and inflicts punishment w/o trial
EX: Curfew is acceptable Bill of Attainder
B) No Suspension of Writ of Habeus Corpus
Requires law enforcement bring a person held in custody before a court to know if lawfully detained
EX: ??

5. 3. Prohibited Powers (Art. I, Sec. 9, 10)
C) No ex post facto law - punishes a person for an action committed before it was a crime

6. 4. Inherent Powers
Define: powers the National GOVT has assumed to have just because it is govt of a sovereign state
EX: foreign policy, immigration policy, citizenship
A) Eminent Domain –by legal means GOVT can buy property to use for projects
5th Amendment – just compensation