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Published byCory Marsh Modified over 9 years ago
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One of the major protections for the people is this system. It provides that no one branch can overpower the others, and create a dictatorship. Each branch has specific powers spelled out in the constitution.
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Delegated or “granted” powers are those only given to Federal gov’t. by the Constitution. There are 3 types of Delegated powers: ◦ 1. Expressed/Enumerated ◦ 2. Implied ◦ 3. Inherent
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Written in the Const. Examples include: ◦ 1. Create and collect taxes. ◦ 2. Coin money. ◦ 3. Regulate Foreign Trade. ◦ 4. Maintain armed forces. ◦ 5. Declare war.
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Const. says Congress can do what is “necessary and proper”, which means convenient and useful. These are things the gov’t does because of its “elastic” nature. (It can stretch the power of the gov’t.) Examples: ◦ 1. Build and maintain interstates. ◦ 2. Prohibit discrimination. ◦ 3. Make laws about kidnapping and gambling.
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Small amount of powers in this type: ◦ 1. Immigration control. (think Arizona law) ◦ 2. Acquire new territories. (Like Alaska, Hawaii, and Puerto Rico) ◦ 3. Defense from internal rebellion.
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These can be written in the Const. or just not specifically stated for the Federal gov’t. Examples: ◦ 1. Set marriage age. ◦ 2. Permit gambling in any form or deny. ◦ 3. Set the requirements for certain professions like doctors or teachers. ◦ 4. Establish schools. ◦ 5. Set land use rules. (Like in Cal. to raise home prices.)
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Sweet Camaro! These powers can be exercised by both gov’ts. Examples: ◦ 1. Taxes. (Some states like Montana have no sales tax by choice) ◦ 2. Claim private property by law. (Georgia can take drug dealers car or house as penalty.)
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