The Division Of Power In The American Government

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The divsion of power in the American government; the constitution of the united states describes

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Describes how power is distributed and shared between the national and state governments in out federal system

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Delegated power: power given to the federal government

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-A power given to the govenrment by the consitution, all other powers are reserved for the states or the people (according to the 10th amendment)
~includes expressed, implied, and inherent powers

Expressed powers- (also known as enumerated powers): these are the powers specifically described inthe first three articles of the constitution.(powers of the legislative, executive, and judical)

Implied powers- these are powers that are not specifically described in the constitution but are considered necessary to enable the government to carry out their expressed powers, found in the elastic clause(1:8)
~important b/c they give the government flexibility when dealing with isssues that were not anitcipated by the founding fathers. ex) the government grants lisenses to radio stations to broadcast music- regulating busniess, so the gov. can regulate it.

Inherent powers- (traditions): these are not specifically described in the constitution but are tradidtionally associated with government by definition. These generally relate to immigration and international relations which are not specified in the constitution
+ phone tapping

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Reserved powers

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Power specifically reserved by the constitution for the States (any power not givin to the federal government or denied to the state government is reserved for the states
-the source of power in the reserved powers lies with in the 10th amendment
-The supremacy clause: gives ferderal law precedence over state laws when the two are in conflict

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concurrent powers

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-powers that both the state and federal government have indepentantly of each other (both federal ans state governemnts are able to exersie these powers

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Denied powers

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-These are powers that are specifically denied to both the federal and states governments (article 1, sections 9 and 10)
~ suspension of the right of habeas corpus, is the right to challange any detainment by the government
~the passing of the bill of attainer, can't pass a law that says you are gulity of a crime
~Passing an ex post facto law, a law that punishes you for doing somthing that wasn't a crime when you did it.
~granting a title of nobility
~No state my have it's own currency

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A few challenges

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- States rights: IN a federal system there is always tension between the federal gov. and states over power (that tensin maintians the balance)

-Globilization: The more globilized the economy becomes the more power the federal government has.