Powers (Enumerated, Implied, Concurrent, etc.)

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Below is an explanation of the powers of the Federal and State Government along with a graphic of the different types of powers along with examples for each. Below is a summary of the powers also. 

  • Enumerated: Clearly spelled out in the constitution and are given to the federal government
  • Concurrent:  Powers shared by the state and federal government
  • Reserved:  Powers not listed in the Constitution for the federal government is reserved to the states , through their constitutions,  and for local governments.
  • Implied: Powers that may not be spelled out in the  U.S. Constitution, but the federal government has the right to "make all laws necessary and proper for carrying into execution" the powers enumerated.  This clause is called the "necessary and proper" clause or "elastic clause." In other words, if the federal government needs to enact a law in order to carry out the laws that are spelled out in the constitution, it has the right to do so.

 

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