What You Need to Know About Governmental Powers

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~ What You Need to Know About The Constitution’s Distribution of Power ~
Enumerated Powers a.k.a. Expressed Powers: granted to Congress and listed specifically in Article 1
Coin money
Naturalization
Ratify treaties
Bankruptcies
Regulate interstate & foreign commerce
Set weights & measures
Raise and support an army & navy
Punish counterfeiting
Declare war
Issue copyrights & patents
Establish courts below Supreme Court
Call out the militia
Set the size of the Supreme Court
Govern territory not under state jurisdiction
Establish post offices
Propose amendments to the Constitution
Implied Powers: granted to Congress under the “Elastic Clause”
Make laws “necessary and proper” to carry out the enumerated powers
Delegated Powers: assigned to the president by the Constitution
Carry out the laws passed by Congress
Appoint top level positions (cabinet, ambassadors, judges, heads of various agencies)
Make recess appointments
Issue Executive Orders
Sign a bill into law, veto, or pocket veto
Give the State of the Union
Adjourn & convene Congress, if needed
Negotiates treaties and uses executive agreements
Extend diplomatic recognition & can terminate relations with other nations
Commander-in-chief= can commit troops and equipment to conflicts
Grants pardons & reprieves
Informal expansions of presidential power a.k.a. inherent powers (the presidential equivalent of Congressional implied powers)
Leader of his political party
Sets the policy agenda and rallies public support through use of the media (a.k.a. “The Bully Pulpit”)
Crisis manager with access to classified intelligence
International leader (a.k.a. “leader of the free world”)
Power to launch nuclear weapons
Power as commander-in-chief expanded by a large standing military of 1.5 million
May negotiate for peace between other countries
Writes and recommends a budget to Congress
Runs an expanded Federal Bureaucracy = 4.5 million employees & approx. $3 trillion yearly budget
Reserved Powers: reserved to the states, covered by the 10th Amendment
Powers not granted to Congress, or forbidden to the states, are reserved to the states (or the people)
Establish local governments
Ratify amendments to the Constitution
Regulate intrastate commerce
Police Powers: health, safety, welfare & morals
Conduct elections
Concurrent Powers: granted by the Constitution to the federal and state governments
Tax
Charter banks & corporations
Borrow money
Spend money for the general welfare
Establish courts
Take private property for public purposes with just
Make & enforce laws
compensation (eminent domain)
Judicial Review: Not mentioned in the Constitution – claimed by Supreme Court in Marbury v. Madison
The power of the Supreme Court to declare acts of Congress and the president to be unconstitutional
The main power of the court, and that which provides its check on the other branches
Powers DENIED by the Constitution
DENIED to the federal government, specifically Congress…
Can’t tax imports from one state to another
Can’t violate the Bill of Rights
Can’t change state boundaries
Can’t issue Bills of Attainder
Can’t ignore a writ of habeas corpus
Can’t impose religious qualifications to run for public office
Can’t establish a national religion
Can’t reduce salaries of federal judges
DENIED to the federal government, specifically the Supreme Court…
Can’t rule on hypothetically questions, only real cases
DENIED to the state governments…
Can’t tax imports or exports
Can’t coin money
Can’t enter into treaties
Can’t impair obligation of contracts
Can’t abridge the privileges or immunities of citizens of another state
Can’t deny due process of law or equal protection to their citizens (14th Amendment)
DENIED to both the federal governments and state governments…
Can’t grant titles of nobility
Can’t practice Double Jeopardy
Can’t permit slavery (13th Amendment)
Can’t deny citizens the right to vote because of race (15th Amendment)
Can’t deny citizens the right to vote because of gender (19th Amendment)
Can’t deny citizens the right to vote because of age -if they are 18 (26th Amendment)
~ Supremacy: The Game  ~
Supremacy Game Quick Key…
Enumerated AKA Expressed & Implied Power = Spades
Delegated & Inherent Powers = Clubs
Reserved & Police Powers = Hearts
Concurrent & Denied Powers = Diamonds
Goal of the Game…
Take as many tricks as you can by playing the highest card in the suit representing the branch which is indicated by the power card
for that trick. Each trick taken is one point.
Order of play…
Person to the left of the dealer leads on the first trick
After that the person who took the previous trick leads
Notes…
If you have the suit indicated by the power card, you must play that suit
If you don’t have the suit indicated by the power card you can “slough” a card from another suit
If everyone “sloughs” on a trick, the highest card, regardless of suit, wins
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