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  1. Dec 21, 2020 · The powers granted to the national government by the Constitution are of two types: express powers and implied powers. Express powers are those explicitly and expressly mentioned in the Constitution. Implied powers are those which can reasonably be assumed to flow from express powers.

    • Robert Longley
    • The Founders and Federalism. Seeing the importance of balancing liberty with order, America’s Founding Fathers identified three main reasons for creating a government based on the concept of federalism
    • Where the States Get Their Powers. The states draw their powers under our system of federalism from the Tenth Amendment of the Constitution, which grants them all powers not specifically granted to the federal government, nor forbidden to them by the Constitution.
    • Exclusive Powers of the National Government. The Constitution grants the U.S. national government three types of powers: Delegated Powers. Sometimes called enumerated or expressed powers, the delegated powers are specifically granted to the federal government in Article I, Section 8 of the Constitution.
    • Exclusive Powers of State Governments. Powers reserved to state governments include: Establish local governments. Issue licenses (driver, hunting, marriage, etc.)
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  3. Accordingly, each branch of government has unique powers. As the branch most responsive to the will of the people (who elect its members), Congress has the power to pass laws, declare war, ratify treaties, and levy taxes. The executive branch conducts foreign affairs and commands the armed forces.

    • Exclusive Powers. The Constitution gives exclusive powers to the national government that states may not exercise. These are foreign relations, the military, war and peace, trade across national and state borders, and the monetary system.
    • Concurrent Powers. The Constitution accords some powers to the national government without barring them from the states. These concurrent powers include regulating elections, taxing and borrowing money, and establishing courts.
    • Implied Powers. The Constitution authorizes Congress to enact all laws “necessary and proper” to execute its enumerated powers. This necessary and proper clause allows the national government to claim implied powers, logical extensions of the powers explicitly granted to it.
    • Reserved Powers. Some powers are reserved to the states, such as ratifying proposed amendments to the Constitution and deciding how to elect Congress and the president.
  4. Jump to essay-2 The Federalist No. 45 (James Madison) (The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

  5. The exclusive powers of the federal government help the nation operate as a unified whole. The states retain a lot of power, however. States conduct all elections, even presidential elections, and must ratify constitutional amendments.

  6. One power exclusive to the federal government is the power to wage war. One of the states' exclusive powers is ratifying amendments. Two concurrent powers shared by both state and federal governments are eminent domain and taxation.

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