Governmental Power in the Usa
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1. Identify and explain the three types of governmental powers in our country, including examples of each. Please note: This question is NOT asking about the branches of the government or different types of governments.
The United States has a federal system of government where the states and national government exercise separate powers within their own authority.(1) Federalism is the division of powers, which is established in the United States Constitution in the 10th Amendment. It states “the powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people.”(2) The constitution provides specific powers to the state and the federal government in three categories: Enumerated powers, reserved powers and concurrent powers.
Enumerated powers are those given to the federal government by the terms of the U.S. Constitution.(3) Examples of enumerated powers are regulation of domestic and foreign commerce, collect taxes, coin money, currency, establishing post offices and post roads, immigration and citizenship, crimes at sea, military, declaration of war, control of the District of Columbia and federal Courts.(4)
Reserved Powers are provided by the Tenth Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”(5) In other words, some powers are given specifically for the states, which they are not listed as enumerated powers. The Tenth Amendment guarantees them as reserved to the states respectively, or to the people. Reserved powers include states control to adopt and change state constitutions and organize state governments, exercise the general police power to protect and to regulate the health, morals, safety, and welfare of the people, establishing and supervising the schools.(6)
Concurrent power is a political power independently exercised by both federal and state governments in the same field of legislation. It is a power delegated to the federal government by the U.S. Constitution that is also held by the states. It is the power shared by the federal and state governments.(7) Examples of the concurrent powers include authority to lay and collect taxes, to borrow money on the public credit, to spend money for general welfare, to charter banks and corporations, to make and enforce laws, to establish courts, and also to take private property for public purposes, with just compensation.(8)