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Political Science /Expressed vs Implied Powers

Expressed vs Implied Powers

Political Science15 CardsCreated about 2 months ago

This deck covers the differences between expressed and implied powers as outlined in the U.S. Constitution, providing definitions and examples of each.

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Expressed powers definition

Explicitly written in the Constitution, giving Congress the direct power to regulate those areas
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Key Terms

Term
Definition
Expressed powers definition
Explicitly written in the Constitution, giving Congress the direct power to regulate those areas
Implied Powers definition
Powers taken by Congress through reasonable deduction from the expressed powers
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Another name for implied powers
The 'Necessary and Proper' Clause
The power to lay and collect taxes expressed
"To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.....
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The power to lay and collect taxes implied
Punish Tax Evaders Regulate certain things (alcohol) and outlaw others (narcotics) Require states to meet certain conditions to get federal funding
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The Power to Regulate Interstate Commerce expressed
"to regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes" The Congress can make laws regulating domestic a...
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Expressed vs Implied Powers
TermDefinition
Expressed powers definition
Explicitly written in the Constitution, giving Congress the direct power to regulate those areas
Implied Powers definition
Powers taken by Congress through reasonable deduction from the expressed powers
Another name for implied powers
The 'Necessary and Proper' Clause
The power to lay and collect taxes expressed
"To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States..." Congress is the only body in the Fed. Gov't to decide how to tax us
The power to lay and collect taxes implied
Punish Tax Evaders Regulate certain things (alcohol) and outlaw others (narcotics) Require states to meet certain conditions to get federal funding
The Power to Regulate Interstate Commerce expressed
"to regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes" The Congress can make laws regulating domestic and foreign trade Cannot favor one state over another
The Power to Regulate Interstate Commerce implied
Establish a minimum wage Ban discrimination in workplaces and public facilities Pass laws protecting the disabled Regulate Banking
The Power to Borrow Money Expressed
"to borrow money on the credit of the United States" No limit on how much we can borrow No limitations on the reasons for borrowing
The Power to Borrow Money implied
The power to establish the Federal Reserve System of Banks

The Power to Raise an Army and Navy

Expressed

The Power to Raise an Army and Navy implied
The power to draft Americans into the military Highly controversial, but upheld by Supreme Court in 1917
The Power to Create Naturalization Laws Expressed
"To establish an uniform Rule of Naturalization." Congress set up the process for immigrants becoming citizens
The Power to Create Naturalization Laws implied
The power to regulate and limit immigration Quotas are placed on the number of people that can immigrate here every year
The Power to Establish Post Offices Expressed
"to establish Post Offices and Post roads" Provides for the carrying of the mail "Post Roads" include rail lines, airways, and waters in US while mail is travelling on them
The Power to Establish Post Offices Implied
Prohibit mail fraud and obstruction of the mail Bar the shipping of certain items through the mail