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Express powers: Powers that the Constitution explicitly grants the federal government. These include the powers to:
-Collect taxes
-Regulate interstate commerce
-Coin money, regulate currency, set standards of weights and measures
-Declare war
-Raise and maintain an army and navy
Implied powers: Based on the elastic clause, powers considered "necessary and proper" for carrying out the enumerated (or express) powers
For example, in 1791, Federalists in
Congress argued that the creation of a national bank was "necessary and proper" for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress's right to found this national bank.
Denied powers: Powers that the Constitution explicitly denies to the federal government. These include:
The writ of habeas corpus cannot be suspended unless in cases of rebellion or invasion, when deemed necessary to national
safety.
No bill of attainder or ex post facto law can be passed.
"Supreme law of the land": the Constitution and federal laws take precedence over state laws
Recommended textbook solutionsAmerican Government
1st EditionGlen Krutz
412 solutions
Criminal Justice in America
9th EditionChristina Dejong, Christopher E. Smith, George F Cole
105 solutions
American Corrections
11th EditionMichael D. Reisig, Todd R. Clear
160 solutions
Government in America: Elections and Updates Edition
16th EditionGeorge C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry
269 solutions