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Powers of the Federal and State Governments

1. Define enumerated powers. Give 3 examples of enumerated powers

2. Define implied powers. Give an example of an implied powers.

3. What is the relationship between implied, necessary and proper clause, and elastic clause?

4. Define concurrent powers. Give 3 examples of a concurrent power

5. Define reserved powers. Give 3 examples of a reserved power

6. Define denied powers. Give 2 examples of a denied power

7. In a Federalist system, what are the two ways the government is divided?
8. Where can the structures, powers and limitations of the legislative branch be found in the Constitution?
9. What is the main power/sole authority of the judicial branch?
10. Who selects the President and Vice-President?
11. What role or title allows the President to protect the nation?
12. What are 3 powers of Congress?
13. What are 3 powers/responsibilities of the executive branch?
14. How do checks and balances limit the power of the government?
15. What is division of power?

1 answer

Sure! Here are the definitions and explanations requested regarding the powers of the Federal and State Governments:

  1. Enumerated Powers: These are powers explicitly granted to the federal government by the Constitution. Examples include:

    • The power to levy taxes.
    • The power to regulate interstate commerce.
    • The power to declare war.

  2. Implied Powers: These are powers not explicitly stated in the Constitution but are assumed to exist due to their necessity in carrying out the enumerated powers. An example of an implied power is the establishment of the Internal Revenue Service (IRS) for tax collection, which is implied by the power to levy taxes.

  3. The Implied Powers, Necessary and Proper Clause, and Elastic Clause are related in that the Necessary and Proper Clause (Article I, Section 8, Clause 18 of the Constitution) grants Congress the authority to pass laws necessary to carry out its enumerated powers. This clause provides the justification for implied powers, allowing the government to adapt and create laws as needed, thereby making the Constitution "elastic."

  4. Concurrent Powers: These are powers shared by both the federal and state governments. Examples include:

    • The power to tax.
    • The power to establish courts.
    • The power to enforce laws.

  5. Reserved Powers: These are powers that are not delegated to the federal government and are therefore reserved for the states under the Tenth Amendment. Examples include:

    • The power to regulate education.
    • The power to conduct elections.
    • The power to establish local governments.

  6. Denied Powers: These are powers that are specifically prohibited to either the federal government, the state governments, or both. Examples include:

    • The federal government cannot tax state exports.
    • States cannot enter into treaties with foreign nations.

  7. In a Federalist system, the government is divided in two primary ways:

    • Vertical Division: Between the federal (national) government and the state (local) governments.
    • Horizontal Division: Among the three branches of government (executive, legislative, and judicial) within each level of government.

  8. The structures, powers, and limitations of the legislative branch can be found in Article I of the U.S. Constitution.

  9. The main power/sole authority of the judicial branch is to interpret laws and administer justice, particularly through the power of judicial review (the ability to declare laws or executive actions unconstitutional).

  10. The President and Vice-President are selected by the Electoral College, which is composed of electors from each state.

  11. The role or title that allows the President to protect the nation is Commander in Chief of the Armed Forces.

  12. Three powers of Congress include:

  • The power to make laws.
  • The power to regulate commerce with foreign nations and among the states.
  • The power to declare war.
  1. Three powers/responsibilities of the executive branch include:
  • The power to enforce and implement laws.
  • The power to conduct foreign policy and negotiate treaties.
  • The power to appoint federal officials, including judges.

  1. Checks and balances limit the power of the government by ensuring that no single branch becomes too powerful. Each branch has specific powers that can counteract or limit the actions of the others, ensuring accountability and preventing tyranny.

  2. Division of power refers to the distribution of authority and responsibilities between different levels of government (federal and state), ensuring that power is not concentrated in a single entity. This division helps to protect the rights of citizens and maintain balance within the government.