Powers and Responsibiliti

esSection 1Chapter 4

Powers of the Federal Government

The federal government holds three types of power: expressed, implied, and inherent

Some of these powers come from the Constitution and others imply are exercised by any government of a sovereign country

Powers of the Federal Government

Expressed Powers Expressed powers are

those powers that are expressly, or specifically stated in the Constitution

Article I specifically lists the powers of the Legislative Branch

Articles II and III list the powers of the other two branches

Powers of the Federal Government

Implied Powers Implied powers are those powers

that are suggested by the expressed powers

Article I Section 8 gives Congress the power to “make all laws which shall be necessary and proper” to exercise its other powers

The “necessary and proper” clause has been called the Elastic Clause because it allows Congress to stretch their authority

Other powers have been implied in the Constitution also

Powers of the Federal Government

Inherent Powers Inherent Powers are

those that naturally belong to any government of a sovereign country

Many of these powers relate to foreign affairs, such as making international agreements and acquiring new territory

Powers of State Governments

Some powers are reserved for the states and are known as reserved powers and are not specifically mentioned in the Constitution

According to the Tenth Amendment any powers that are not given to the federal government nor specifically denied to the states “are reserved to the states.. or to the people.”

States can establish local governments, create public school systems, and enact criminal and civil laws

They may also require that certain professionals have licenses like doctors, lawyers, accountants and even a hair stylist

Concurrent Powers

The federal and state government share certain powers

These powers are known as the Concurrent Powers

For example both the federal government and the state government have court system, make and enforce laws, collect taxes to pay the costs of governing, and borrow and spend money

Limits on Federal and State Powers

The Constitution also limits the powers of the different levels of government

Some powers are denied to the state government and some denied to the federal government and some to both

Limits on Federal and State Powers

Powers Denied to the Federal Government

Article I, Section 9 lists the powers that are denied to the federal government (no taxing exports, spend money unless authorized by federal law)

The Federal Government can not make laws that threaten the federal system

Limits on Federal and State Powers

Powers Denied to the States

Article I, Section 10, lists powers that are denied to the states (can not issue money, make treaties with foreign governments, go to war unless invaded or authorized by fed government)

States are also not allowed to manage trade with other states or foreign countries

Limits on Federal and State Powers

Powers Denied to Both Levels

Some powers are denied to both levels

Neither government can deny people accused of crimes the right to trial by jury

Neither can grant titles of nobility

Responsibilities

The Constitution notes the responsibilities that the federal government and the states have to each other

ResponsibilitiesFederal

Responsibilities The Federal Government

has three main responsibilities regarding states and they include Insure that each state

has a republican form of government

Protecting states from violent actions

Respecting the states’ territories

ResponsibilitiesFederal

Responsibilities Although republican form of

government is not defined in the Constitution, allowing each state to have representatives shows this taking place

The framers pointed to the fact that an attack on one state was an attack on the entire U.S. government

The final responsibility just states that no state can be formed by taking from an existing state without the permission from the state

ResponsibilitiesState

Responsibility States must form the

boundaries from which the House of Representatives will be elected

States set the rules for electing members of Congress and selecting electors to choose the President

States also maintain National Guard Units that may be called into action by the President or the Governor

The Courts and the Federal System

Article III of the Constitution gives the judicial branch the authority to hear cases involving the Constitution, U.S. laws, and disputes among states

The Judicial Branch is the referee The Federal Courts and the Supreme Court

used the Constitution as the rule book

The Courts and the Federal System

Article VI of the Constitution states that the Constitution, federal laws, and treaties made by the federal government are “the supreme law of the land”

In 1819, the supreme Court ruled in McCulloch v. Maryland that the state of Maryland could not tax the Bank of the United States

The court felt that if states could tax any part of the federal government, they would be superior to it and that would be unconstitutional