Delegated/Enumerated

Definition: Powers that are held by the federal (national government) because they are outlined in the Constitution. The federal government also has implied powers because of the Elastic Clause (Article 1, Section 8, Clause 18), but they are not spelled out like enumerated powers.

·         Coin and print money

·         Conduct foreign affairs

·         Create a postal system

·         Regulate foreign and interstate trade

·         Raise and maintain armed forces.

Reserved

Powers that are reserved or saved for the states. Many of these are not listed but given to the states by the 9^th and 10^th Amendments.

·         Control the state militia (national guard)

·         Conduct elections

·         Set voter qualifications

·         Provide public education

·         Certify public school teachers

·         Regulate trade within the state (intrastate trade)

Concurrent

Powers that are held by both the federal (national) government and the states. When in conflict, the federal government is always more powerful according to the Supremacy Clause in Article 6, Sec 2 of the Constitution.

·         Make laws

·         Borrow money

·         Collect taxes

·         Enforce laws

·         Punish those found guilty of breaking the law

·         Establish courts

Denied

Powers that neither the federal nor the state government are permitted to have.

·         Pass laws the violate the rights of citizens such as ex post facto laws (laws that punish for something that was legal previously), bills of attainder (laws that jail citizens without trial), suspending writs of habeas corpus (preventing courts from trying accused people).

·         Granting titles of nobility such as king, duke, earl, and knight.

·         Taxing exports (doing so hurts domestic manufacturers).