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Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter. [ 1 ]
Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. [1] The enumerated powers listed in Article One include both exclusive federal powers , as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with ...
The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers".
The Supreme Court has held that Congress has implied powers through the Commerce Clause. For example, in Standard Oil Co. of New Jersey v. United States and United States v. Darby Lumber Co., it was held that Congress could divide monopolies, prohibit child labor, and establish a minimum wage under the Commerce Clause.
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency. [1]
Some of the more important powers reserved to the states by the Constitution are: the power, by "application of two-thirds of the legislatures of the several states," to require Congress to convene a constitutional convention for the purpose of proposing amendments to or revising the terms of the Constitution (see Article V). [57]
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.