State vs. Federal Rights
Short Answer Week 2
ITT Technical Institute
Professor Cynthia Simon
December 14, 2015
1. What are delegated powers, and what are implied powers? Provide an example of each
According to Encyclopedia Britannica Delegated powers are in law, the transfer of authority by one person or group to another person or group. Examples would be the power to coin money, regulate commerce with foreign nations, regulate interstate commerce, establish post offices, punish crimes committed on the high seas, establish import duties and tariffs, fix standard weights and measures, raise and maintain the armed forces, declare war and peace, enter into treaties with foreign powers, call out the militia to deal with insurrections.
According to our text, implied powers are the powers of the national government derived from the enumerated powers and the necessary and proper clause. Some examples of implied powers are power to incorporate a national bank, power to create military and naval academies, power to construct a dam and power plant, generate electricity, and sell the surplus electricity, To spend money for dredging rivers and harbors and for the construction and maintenance of highways, roads, streets, railways, canals, dams and locks, and airports, To spend money for education, social security, national health insurance, public assistance to the poor, programs to improve state and local law enforcement, urban renewal and community development, public housing, etc. To regulate and assist agriculture. To spend money from the U.S. Treasury for financial assistance to the states and local communities in their performance of state and local functions.
2. According to the Constitution, which level of the government takes precedence when there is a conflict? Explain.
According to our text, Article VI of the Federal Constitution underscores the notion...