National Legislative Power

Question 1

Powers are divided among

Answer 1

States and Government (legislative, executive, judiciary)

Question 2

Express Powers

Answer 2

Ones explicitly written in the Constitution

Question 3

Implied Powers

Answer 3

Implied from the writing of the Constitution

Question 4

Inherent Powers

Answer 4

-Federal Government has inherent powers only in foreign matters
-power of nation states, power to wage war and make peace
- states have inherent powers (called police powers)
- states have sovereignty for health, welfare, and moral of society

Question 5

Non-delegation doctrine

Answer 5

10th amendment: any powers not delegated to the US by the Constitution are reserved to the states to to the people

Question 6

Necessary and Proper Clause

Answer 6

Allows Congress to pass laws it deems necessary and proper; the constitution cannot mention every power it delegates to congress, so congress can chose any means not prohibited by the Constitution

Question 7

McCulloch v. Maryland

Answer 7

Congress wanted to make a national bank; court found there is an implied power for Congress to create a national bank under the necessary and proper clause. The court limits the ability of states to interfere with federal activities, such as imposing taxes or regulations on the federal government

Question 8

McCulloch established

Answer 8

1) The principle that the federal government draws its authority directly from the people.
-“Federal government emanates directly from the people and not from the states, b/c the power is not derived from the states, they cannot limit the grant of power to Congress.
-States cannot limit the grant of power to Congress
2) The N & P clause allows Congress a wide scope of authority to implement the enumerated powers- interpreted the grant of powers to Congress as allowing for the full effectuation of national goals.
3) State legislation (including state taxation) that might interfere w/ the exercise of these federal powers is invalid.
-In all cases of conflict of federal and state laws, the Constitution established the supremacy of federal law, states cannot impose incompatible powers that might be hostile to federal actions. Eventually ct. rejected any doctrine of any intergovernmental tax immunity