implied vs enumerated powers

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i hate gov

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50 Terms

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enumerated powers

powers of the fed gov that are specifically addressed in the constitution

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implied powers

the powers that are implied, or required to have to exercise enumerated powers

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reserved powers

powers not specifically granted to the national government, and are therefore reserved to the states

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concurrent powers

powers held by the fed gov and state govs including powers of taxation and to make laws

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(pres) commander in chief

enumerated

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(pres) enforcing laws

enumerated

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(pres) handling foreign policy - chief diplomat
- receiving heads of state
- negotiating treaties

enumerated

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(pres) force congress into session

enumerated

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(pres) veto, pocket veto (***NOT LINE-ITEM VETO***)

enumerated

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(pres) reprieves and pardons

enumerated

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(pres) SOTU

enumerated

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(pres) appointment pwrs:
- ambassadors
- judges
- heads of deps/key bureaucratic agents

enumerated

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(pres) expanded war powers (gulf of tonkin resolution + war pwrs act)

implied

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(pres) executive orders (direct bureaucracy only)

implied

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(pres) executive agreements

implied

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(pres) bully pulpit

implied

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(pres) propose a budget

implied

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(pres) head of party
- commands great respect within party, can help him fulfill other things. (not a power, more like a role)

implied

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(pres) executive privilege

implied

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(congress) choosing speaker of house

enumerated

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(congress) congressional oversight

enumerated

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(congress) regulating interstate commerce

enumerated

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(congress) veto override

enumerated

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(congress) impeachment

enumerated

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(congress) create budget

enumerated

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(congress) tax - national income tax added (16th)

enumerated

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(congress) create laws

enumerated

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(congress) borrow and coin money

enumerated

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(congress) declare war

enumerated

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(congress) maintain armed forces

enumerated

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(congress) establish post offices

enumerated

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(congress) establish all inferior courts - article III

enumerated

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(congress) run census
- reapportion House

enumerated

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(congress) admit new states to the union

enumerated

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(congress) selecting party leadership (maj leader/min leader/whips)

implied

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(congress) necessary and proper clause - many implied abilities
- ex: national bank

implied

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(congress) establish committees under the committee system

implied

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(congress) draft
- implied by ability to maintain army/navy

implied

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(congress) create workplace regulations such as OSHA, minimum wage, gender discrimination
- implied by commerce clause

implied

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(judiciary) original jurisdiction of the supreme court
- cases involving two or more states
- cases inb

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(judiciary) protections that the Court has from other branches
- lifetime appointments
- appointed but not elected (insulated from public)

enumerated

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(judiciary) only two ways to overrule existing supreme court decision
- new (contrary) supreme court decision
- constitutional amendment contrary to decision

enumerated

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(judiciary) judicial review - marbury v madison

implied

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(judiciary) stare decisis

implied

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(states) 10th amendment
- regulate interstate commerce
- establish local systems of govs
- run elections

reserved

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(states) gerrymandering

redistricting

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(states) taxation

concurrent

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(states) borrow money

concurrent

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(states) establish (state) courts

concurrent

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(states) create and enforce laws

concurrent