1. Powers of Government
GOVT 2305, Unit 3

2. Delegated Powers
Delegated powers are those powers granted explicitly to the government by the U.S. Constitution.

3. The powers of government are limited
The powers of the federal government are limited by the Constitution. The federal government can only exercise those powers that are granted to it by the Constitution.

4. The Constitution specifically grants these powers to the president.
Presidential Powers
power to enforce laws
commander in chief
require reports from the heads of the executive departments
grant pardons and reprieves
negotiate treaties
appoint ambassadors, judges, and other officials
make policy recommendations to Congress
receive ambassadors
convene special sessions of Congress
The Constitution specifically grants these powers to the president.

5. The branch least likely to threaten individual liberty.
Judicial Powers
power to interpret laws
The branch least likely to threaten individual liberty.
The list of powers delegated to the judicial branch is very short. In the Federalist Papers, the judicial branch is referred to as the “least dangerous branch.” What do you think that meant?

6. Legislative Powers
regulate commerce
levy taxes
borrow money
declare war
coin money
establish post offices and post roads
establish rules for patent and copyright protection
And more
The longest list of delegated powers is the list of powers given the legislative branch. It is found in Art. I, Sect. 8.

7. Implied powers
An implied power is authority not explicitly granted by the constitution but assumed by the government because of powers that have been explicitly granted.

8. Necessary and Proper Clause
Congress “[shall have the power] to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof." (Art. I, Sec. 8) This provision provides the basis for the implied powers.
This clause is found at the end of the delegated powers granted to Congress. It gives Congress the authority to carry out its delegated powers.

9. AKA Elastic Clause

10. Note: The United States does not currently have a draft.
Selective Service
The Constitution says that Congress can raise and support armies and maintain a navy. This is a delegated power. The power to draft men (and potentially women) into the armed forces would be an implied power, justified as necessary and proper for carrying out the delegated power.
Note: The United States does not currently have a draft.

11. National Supremacy Clause
The provision in Article VI of the Constitution that the Constitution itself and the laws and treaties of the United States are the supreme law of the land, taking precedence over state laws and constitutions.
In short, the National Supremacy Clause declares that the constitutional exercise of national power supersedes state action. If the national government has authority to act, its actions take precedence over the states.

12. Which Takes Precedence?
Texas state law
U.S. law
Texas Constitution
Houston ordinance
U.S. Constitution
U.S. Constitution
U.S. Law
Texas Constitution
Texas law
Houston ordinance
Courts, esp. the U.S. Supreme Court
Who or what would determine if a conflict among laws actually existed?

13. Quiz D The Elastic Clause is also known as … Tenth Amendment
Commerce Clause
Bill of rights
Necessary and Proper Clause D

14. What We Have Learned What are the delegated powers?
What are some examples of delegated powers granted to each of the three branches of government?
What are the implied powers? What is an example of an implied power?
What is the relationship between the implied powers and the necessary and proper clause?
What is the significance of the national supremacy clause?