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10 Cards in this Set
- Front
- Back
Federal Powers
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Overall powers necessary for national sovereignty are given to Congress, including:
Inherent Powers Delegated Powers Implied Powers Powers to Expand the Central Government Taxation |
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Inherent Powers
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Integral to national sovereignty
conduct foreign policy declare and pursue war make and enforce treaties establish and maintain diplomatic relations, etc. |
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Delegated Powers
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Not inherent, but assigned to national policy for cohesion and interaction between the component parts (states.
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Implied Powers
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Based upon the right to "make all laws which shall be necessary and proper for carrying into execution (Congress's) power"
McCulloch v. Maryland: court ruling was, because coinage is a national power, there must be some vehicle for its handling, distribution, and maintenance, and thus, a national bank is implied |
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Powers to expand the central government
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Need for a strong central government is pre-eminent.
Natural Supremacy clause (article VI): makes the constitution the "supreme law of the land" national govt has the powetr to do all that is "necessary and proper" in the waging and conduct of war. Commerce clause: (article 1, sec 8) grants broad powers over economy, personal activities, etc., affecting trade crossing state/international lines |
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Taxation
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(Article 1, sec 8), Congress has the "power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Defense and general Welfare of the US...
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The Powers of the State
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Reserved Powers
Concurrent Powers Relations w/ other States |
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Reserved Powers
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"the powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (10th Amendment,bill of rights)--common quote to hold states' rights above fed.
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Concurrent Powers
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Not shared powers, but those that are available to both state and federal government.
Example: taxation, right to charter corporations, ability to borrow money, etc. |
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Relations w/ Other States
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"Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of ever other state" (article IV-US constitution)
1. each state is bound to honor the rules of others. 2. the article goes on to rule that each state must grant all "privileges and immunities" of the state to those from other states and, cannot grant such to, say, fugitives from another state (who must be returned) 3. Oversight of interstate transactions is vested in the federal Congress (oversight means over seeing) |