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Enumerated powers
Levy & collect taxes; Borrow & coin money; regulate interstate commerce
Nat’l security: raise army & navy; declare war
Implied powers
Tax & spend to “provide for the ... general Welfare of the US”
“To make all Laws which shall be necessary & proper for carrying [out] foregoing [enumerated] Powers
Concurrent Powers
Overlap in powers of national & state governments (e.g., both can tax & borrow money)
– Source of tension between national & state governments
State Powers
10th Amendment: “The powers not delegated to the US by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the people.”
– “Police powers”: power of states to pass laws for the health, safety, & morals of their residents
“Police powers”
power of states to pass laws for the health, safety, & morals of their residents
Theory: Dual Federalism
Clear bright line between national power & state powers
– Federal & state governments are sovereign w/ separate & distinct responsibilities