US Constitution: A Limited Government - PowerPoint PDF

• Federal government is the stronger government, but powers are limited to what has been delegated to the national government by the Constitution • “CONSTITUTIONALISM” must follow the Constitution - “the rule of law” EXPRESSED POWERS - spelled out expressly in the Constitution (enumerated powers...

• Federal government is the stronger government, but powers are limited to what has been delegated to the national government by the Constitution • “CONSTITUTIONALISM” must follow the Constitution - “the rule of law” EXPRESSED POWERS - spelled out expressly in the Constitution (enumerated powers): • Congress - to collect taxes, to coin money, regulate foreign and interstate commerce, to raise and maintain an army, to declare war, to fix standards of weights and measure, to grant patents and copyrights, etc. • President - commander in chief of the armed forces, grant reprieves and pardons, to make treaties, to appoint major federal officials • Supreme Court (and other federal courts) - the judicial power of the US IMPLIED POWERS -The Necessary and Proper Clause (“Elastic Clause”) – Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” Article 1, Section 8, Clause 18 • Under the expressed power to regulate interstate commerce, Congress has created the Interstate highway system, built hydro-electric dams, prohibited racial discrimination in granting access to restaurants, theaters, hotels and motels, etc. INHERENT POWERS - exist and belong to the National Government because they are inherent to a sovereign nation-regulate immigration, acquire new territory, grant diplomatic recognition to other countries, protect the nation from rebellion, etc. • Constitution expressly denies certain powers tax exports, take private property for public good without just compensation, prohibit freedom of religion, speech, press, etc. • Silence of the Constitution - no national school system, no national law regarding marriage and divorce, nor set up local unit of government. • Federal system - National Government may not tax a state/local government carrying out their governmental functions - the power to tax is the power to destroy RESERVED POWERS •Bill of Rights – guarantees individual liberties th •9 amendment reserves power to the people th •10 amendment reserves power to the states