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Q: Who can decide when Congress has gone too far and using implied powers?
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Continue Learning about American Government

Who has the powers not written in the Constitution?

congress's power to appoint supreme court justices Powers are not written in the constitution are called "Informal powers" and are used by... for instance the President in making a cabinet. Nothing in the constitution says he can do this yet by using his "informal power" he is allowed to do so.


Is American president answerable to the congress?

Yes. in the sense that the President must enforce the laws that Congress passes, collect only the taxes that Congress approves and spend the money that Congress appropriates. Congress can, using a complicated process, remove him from office if he violates the laws or is derelict in his duties. However, there is a balance of powers and the President has much power over Congress,. as well as a legal principle known as executive privilege, which lets him conceal many of his actions from Congress if he so chooses.


What prevents the federal government from using the supremacy clause to take all powers away from the states?

Congress is only able to take action using the Supremacy Clause if its actions are within an area in which Congress holds authority. If it doesn't have the authority, the Supremacy Clause is invalid. Intent also needs to be established. In other words, the law must have been created for the purpose of superseding the policy of the state.


What is the name for the powers that the Constitution gives to the state governments and forbids the national government from using?

Reserved powers. These powers are not "enumerated", however they are distinguished from exclusively delegated powers, such as the exclusive federal powers of the United States


How does the elastic clause function?

The Elastic Clause gives Congress the freedom to do what they must to carry out its power. Two historic uses of the Elastic Clause came with the establishment of the National Bank and also with the Louisiana Purchase.