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First, the constitution denies some powers to the national government in so many words; expressly. Among them, congress may not levy duties on exports; prohibit freedom of religion, speech, press, or assembly; conduct illegal searches or seizures; nor deny to any person accused of a crime a speedy and public trial or a trial by jury.

Second, several powers are denied to the national government because of the silence of the constitution. Powers to create a public school system for the nation, to enact uniform marriage and divorce laws, and to set up units of local government.

Third, some powers are denied to the national government because of the federal system itself. Clearly the constitution does not intend that the national government should have any power to take action that would threaten the existence of that system.

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Melyssa Goodwin

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3y ago

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