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What are the powers called that are specifically granted to the national government by the constitution?
Enumerated powers are the powers granted to the Federal Government by the U.S. Constitution. The clause explicitly enumerates all of the powers the Federal Government should have, and their powers are limited to those listed in the clause.
What clause says the federal government will protect states?
Article IV, Section 4
Final clause in section 8 of the constitution?
Clause 18) 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 Officer thereof.
In the US the national government derives its power from?
In the United States, the national government derives its power from the Constitution, which establishes the framework for federal authority and governance. Specifically, the Constitution's Supremacy Clause asserts that federal law takes precedence over state laws. Additionally, the government's powers are further defined by the enumerated powers listed in Article I, Section 8, as well as the implied powers that allow for necessary and proper legislation. Ultimately, the authority of the national government is rooted in the consent of the governed, reflecting the democratic principles of the nation.
What was the constitutional basis for the ruling in McCulloch v Maryland that states can't tax the federal government?
The Supreme Court determined Congress had the right to establish a (federal) National Bank under the principle of implied powers. (also called unenumerated powers) Specifically, Chief Justice Marshall held the Taxing and Spending Clause (Article I, Section 8, Clause 1) and Necessary and Proper Clause(Article I, Section 8, Clause 18), allowed Congress to charter a national bank as an appropriate action supporting legitimate federal interests:"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 officer thereof."In the opinion of the Court, Marshall concluded that Congress had the right to establish a national bank as an implied power under the Necessary and Proper Clause because the bank was being used to further Congress' constitutional authority to tax and distribute funds. Unlike the Articles of Confederation, which preceded the US Constitution, the Constitution does not prohibit the exercise of implied powers necessary to assist in carrying out constitutional mandates.The Court also held that the Supremacy Clause (Article VI, Clause 2), which elevates federal law above state law when the two are in conflict (and do not involve a right explicitly reserved to the states) protected the bank from being taxed by the State(s).Case Citation:McCulloch v. Maryland, 17 US 316 (1819)
The powers not specifically granted to the federal government are given to the states. This is the reserved clause in which amendment of the U.S. Constitution?
10nth
The power not specifically granted to the federal government are vgiven to the states This is the reserved clause in which amendment of the US Constitution?
10th
What are the powers called that are specifically granted to the national government by the constitution?
Enumerated powers are the powers granted to the Federal Government by the U.S. Constitution. The clause explicitly enumerates all of the powers the Federal Government should have, and their powers are limited to those listed in the clause.
Why does the constitution have a long list of powers for the federal government but not for the states?
The American Constitution delegates all powers not specifically assigned to the Federal government to the States. This is know as the 'residual powers clause' and is outlined in Article I.
Which clause in article 6 section 2 of the constitution could the federal government use to override the states bills of rights?
The supremacy clause gave the federal government the ability to override the states bill of rights.
Which amendment applies to this scenario Powers not delegated to the US are reserved to the states?
The Tenth Amendment. Which is constantly violated by misusing the 'interstate commerce clause' to regulate anything the Federal government chooses.
What clause allowed federal government to expand its power?
elastic clause
Can the federal government regulate activity unter the interstate commerce clause?
Yes the federal government can regulate commerce under the Commerce clause. The Commerce Clause is found in Article I, Section 8 of the US Constitution.
How have the commerce clause the necessary and proper clause and the supremacy clause from the Constitution impacted the power of the federal government?
Dumb question
What does the elsastic clause do?
It allows the federal government to expand its powers
What allows federal government to expand its powers?
elastic clause
What constitutional clause makes the laws of the federal government higher than state laws?
Supremacy clause
