Tuesday, September 3, 2013

Powers of Government in the Federal Structure

Recall the difference between a confederal model of government & the federal model created.
Refer to the graphic on p.97

Because of the nature of the system created under the Constitution, there are certain powers that are held by the national government and certain powers held at the state level.

Delegated powers - powers held by the national government
Reserved powers - powers held by the state governments
Amendment X - "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."


Of the delegated powers, we divide them into three categories:
Expressed powers
Inherent powers
Implied powers

Expressed powers (Enumerated powers)
  - powers of the national government spelled out in the Constitution
       example: Article I Section 8 Clauses 1-17

Inherent powers
  - powers that are traditionally known to belong to a national government
       example: conducting foreign affairs

Implied powers
  - powers not specifically granted but are logical extensions of expressed powers
        Implied powers are derived from Article I Section 8 Clause 18 (necessary & proper clause)