Part 2

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Separation of Powers
● The system where the three branches of government
are responsible for different functions of government
● For example, the judicial branch deals with interpreting
the Constitution and laws. The executive branch
(president) acts as commander and chief during
wartime. These functions are separate from each other
however, they are both necessary for government to
operate.
Checks and Balances
● The system by which the branches of
government monitor the doings of the other
branches to ensure that stability is
maintained within the government.
● For example, Congress makes legislation,
however, the president can veto that
legislation if he chooses.
Federal System
● A plan of government in which power is divided
between the national government and the state
governments in which independent states are
bound together under one national government,
whose power is supreme
● The nature of a union of states under a central
government distinct from the individual
governments of the separate states
Federal System Cont.
Enumerated Powers
● Seventeen specific powers granted to
Congress under Article I, section 8, of
the Constitution
● Created to protect the liberties of every
American
● Congressional chore examples:
collecting taxes, regulate commerce,
establish post offices, protect patents
and copyrights, declare war, and raise
and support an Army and Navy
NECESSARY AND PROPER CLAUSE
Also known as elastic clause
Given in Article I, Section 8
“make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers.”
This clause tells Congress that they have the right to make a law that is not
covered by their duties in the Constitution, as long as the law is necessary
and proper. This means that if a majority of Congress and the President
want a new law, they can make one.
IMPLIED POWERS
A power that Legislation takes on that is not given to them in the
Constitution
Some examples…
 Prostitution across state lines
 Regulation of trains and planes
 Est. federal minimum wage
 Mandated drug testing
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