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Powers and Limits of Legislative Branches
UNIT IV – Legislative and Executive Branches
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Types of Powers ENUMERATED RESERVED CONCURRENT
Powers given only to the FEDERAL government Examples – Declaring war, coining money Powers given only to the STATE governments Examples – Running elections, licenses Powers shared by STATE and FEDERAL governments Examples – Collecting taxes, establishing courts
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congress
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Expressed v. implied powers
EXPRESSED (Delegated) Powers NOT written in the Constitution Allowed to occur due to the Necessary and Proper Clause Examples – Air Force, requiring healthcare Powers written in the Constitution that are specifically given to Congress Examples – Creating an Army and Navy, regulating trade
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Powers of congress Using the chart on page 186 in your text book, list the powers given to Congress in the U.S. Constitution by the following categories Money Powers Commerce (Trade) Powers Military and Foreign Policy Powers Other Legislative Powers
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Other special powers IMPEACHMENT Charging an official with a crime
Does NOT mean they are kicked out of office House of Reps actually impeaches and then the Senate holds a trial PROPOSE AMENDMENTS APPROVE/REJECT APPOINTMENTS (Senate only) President can appoint people to certain positions, but they must be approved APPROVE/REJECT TREATIES (Senate only) CENSURE Punish an official for wrong-doing (formal slap on the wrist)
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Limits on powers Cannot suspend Writ of Habeas Corpus – must tell a person what they are charged with Cannot pass a Bill of Attainder – cannot deny someone a trial Cannot pass Ex Post Facto Laws – cannot be punished for an action that wasn’t a crime when committed Cannot grant Titles of Nobility – no kings, queens, dukes, etc. Cannot tax exports – items be traded that are leaving the country Cannot favor one state over another
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General assembly
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Powers of the NC General Assembly
Make statutes (state laws) Enact special laws for certain cities/counties Create the state budget Impeach officials Regulate trade within state Create election laws Establish local governments Collect taxes Direct education
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Limits on Powers of the NC General Assembly
Cannot make a state law that violates the U.S. Constitution No ex post facto laws Cannot suspend Writ of Habeas Corpus No Bill of Attainders
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City council
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Powers of the TARBORO CITY Council
Make ordinances (local laws) Adopt plans Establish city budget
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