Powers specifically granted to the federal government by the U.S. Constitution. These are also known as expressed or enumerated powers.
Where in the Constitution are most of the delegated powers found?
Most are listed in Article I, Section 8 of the Constitution, which outlines the powers of Congress.
Provide three key examples of delegated (expressed) powers of the federal government.
1. The power to coin money.
2. The power to declare war.
3. The power to regulate interstate and foreign commerce.
What is the Commerce Clause?
Article I, Section 8, Clause 3 of the Constitution, which gives Congress the power 'to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.' It is a key source of federal power.
What are implied powers?
Powers not explicitly stated in the Constitution but are considered necessary and proper to carry out the enumerated powers.
What constitutional clause is the basis for the federal government's implied powers?
The Necessary and Proper Clause (Article I, Section 8, Clause 18), also known as the Elastic Clause.
What does the Necessary and Proper Clause state?
It grants Congress the power 'to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States.'
Give an example of an implied power.
The Constitution gives Congress the power to 'raise and support Armies.' From this, Congress has the implied power to create a military draft or establish the Air Force, even though neither is explicitly mentioned.
How did the Supreme Court case *McCulloch v. Maryland* (1819) affirm implied powers?
The Court ruled that the creation of a national bank, though not an enumerated power, was an implied power 'necessary and proper' for carrying out the enumerated powers of taxing, borrowing, and coining money.
What are inherent powers?
Powers that national governments have historically possessed and are considered essential for any sovereign nation. These are not derived from the Constitution but from the very nature of being a national government.
Provide two examples of inherent powers.
1. Acquiring territory (e.g., the Louisiana Purchase).
2. Recognizing foreign states and governments.
Who holds the power to make treaties with foreign nations?
The President has the power to make treaties, but they must be approved by a two-thirds vote of the Senate. This is an enumerated power.
What is the power to establish Post Offices and post Roads?
An enumerated power of Congress found in Article I, Section 8.
