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Nov 21, 2023 · There are various examples of exclusive powers conferred to either the federal or state governments. At the federal level, some exclusive powers include the power to mint the national...
- 7 min
EXCLUSIVE POWERS. The Constitution divides governmental power in two ways: between the states and the federal government, and among the three branches of the federal government. Some powers are vested exclusively in one authority, and may not be exercised by any other authority.
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What are exclusive powers?
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Examples. The Constitution grants Congress power of "exclusive legislation" over the area now known as the District of Columbia. The Constitution says: "no state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws."
Federalism is a pact between a national government and its states, with layers like a cake. In the U.S., it's more like a marble cake, with mixed and overlapping powers. Some powers are exclusive to the federal or state governments, while others are shared. This structure shapes how the U.S. operates.
- 6 min
Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The Supreme Court has recognized four general categories of powers belonging to the National Government—enumerated, implied, resulting, and inherent.
States and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels. Key points. Federalism describes the system of shared governance between national and state governments.
For example, if Congress has the power to coin money, it's implied that Congress has the power to set up mints and pay workers to run those mints. In McCulloch v. Maryland, the Supreme Court confirmed that Congress can exercise these implied powers.