Important Elements of the Constitution

Separation of Powers

Parts of the Constitution

Types of Powers: Enumerated v. Implied Powers

Enumerated vs. Implied Powers Article I Section 8 of the Constitution lays out the powers of Congress. Some of those powers are enumerated and some of them are implied. What’s the difference?

Enumerated Powers Powers that are specifically listed in the Constitution Examples: Power to collect taxes Coin money Declare war

Implied Powers Powers that Congress can claim as part of its lawmaking responsibility In other words, these are powers that are not specifically listed, but are implied (or it can be assumed) to be powers belonging to Congress

Concurrent Powers Powers that are shared by the federal and the state governments Example: Collect taxes Establish courts Punish criminals

Reserved Powers Powers that belong to the states and are denied to the federal government Examples: Regulating trade within the state (intrastate commerce) Establish local governments Conduct elections

Supremacy Clause Says that the Constitution is the “Supreme Law of the Land” This means that federal law trumps all state and local laws

Necessary and Proper Clause In Section 8 of Article 1, the Constitution says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties This is also sometimes called the Elastic Clause, because it means that Congress’ powers can be stretched to cover a variety of issues or circumstances

Amendment Process