False The DELEGATED POWERS are the powers granted to both the national and state governments under the Constitution. True The reserved powers are those held solely by the states. False Some very restrictive forms of federal grants have been changed into grant-in-aid schemes with limited restrictions on how states might utilize them. Others have been completely eliminated. True Grants can be used for any purpose for which funds are available. State budgets include anticipated revenues from sources such as income taxes, sales taxes, and excise taxes, plus out-of-state income and sales made by corporations based in other states. They also include certain mandatory expenditures, such as payments to federal agencies and interest on public debt. Grant-in-aid programs provide funding for specific purposes subject to federal approval. They must comply with federal rules and regulations governing all federal programs. States may choose what role, if any, they want to play in administering these programs.
In sum, the delegated powers of the federal government are broad, while the reserved powers are narrow.
Here are the eight areas in which the federal government has delegated power:
1. Foreign affairs - including war and peace, treaties, immigration, and military action abroad in UN authorized missions or otherwise.
2. Indian affairs - including setting tribal policy, regulating relations between tribes and the federal government, and managing lands owned by tribes or allotted to individuals.
CONCURRENT POWERS are those specified in the Constitution as shared by the National Government and the State Government. They cannot be delegated, and they cannot be revoked by the states or the federal government.
DELEGATED POWERS are those powers not expressly given to the national government under the Constitution. They include all powers not prohibited by the Constitution, such as the power of the federal government to regulate commerce with other countries or to raise armies. These powers may be exercised by Congress, but they can also be exercised by various agencies and departments within the federal government. For example, the Department of Defense is a department of the national government that controls the military, so it has a delegated power; but the FBI is a bureau within the Department of Justice which has an und delegable power. The list of delegated powers includes taxes, tariffs, immigration, and treaties, but does not include amendments to the Constitution.
RESERVED POWERS are those powers retained by the states after they have surrendered some of their authority to the federal government. They include all powers not expressly given to the federal government by the Constitution. These powers include everything from criminal justice to education to economic development to health care. Without these powers, the federal government would not be able to function as intended.
A delegated power is a power given to the national government. An example is coining money, declaring war, and making treaties with other nations. A reserved power is a power specifically reserved for the states. A concurrent power is a power that is given to both the states and the federal government. The power to declare war is an example of a concurrent power.
Reserved powers include those powers not explicitly granted to Congress by the Constitution. For example, the Constitution gives Congress the power to declare war, but it doesn't say when it must be done or how long it should continue. These are called "reserved powers" because they are powers not expressly delegated to any single branch of the government. They must therefore be left to each branch to decide what role it will play in wartime.
Delegated powers are those powers which Congress can choose to exercise or not as it sees fit. For example, Congress could decide that it does not want to have anything to do with military affairs and thus leave warfare decisions up to the president. Or Congress could decide that it wants to keep track of how many soldiers it has on hand so it can allocate funds appropriately. In this case, Congress would be exercising its authority to make appropriations for the military.
While all powers not expressly given to one of the branches are considered delegated, not all delegated powers are reserved.
Article I, Section 8 of the Constitution expressly grants the federal government delegated (also known as enumerated or stated) powers. This includes the authority to issue currency, regulate commerce, declare war, create and maintain military forces, and establish a post office. The other powers listed as delegated are considered implied powers and include the ability to raise armies, provide for the common defense, make laws governing immigration, put aliens into confinement, and execute them.
These are only some of the many powers granted to the federal government. The text of the Constitution is full of examples of other powers that it does not mention but which we know from history and experience are inherent in a government composed of representatives elected by the people. These include powers such as the power to control the economy, to conduct foreign policy, and to punish treason. By not listing these powers as delegated, they are assumed to be absent because they are necessary to be exercised by anyone who is responsible for executing the laws and representing America in world affairs.
The list of powers granted to the federal government is longer than this short essay can cover. If you would like to learn more, I recommend "Delegated Powers: The Structure of National Government" by James McClure.
Delegated powers are classified into three types: explicit, inferred, and inherent. While the Constitution grants some powers to the National Government, it also prohibits certain powers to that level of government in order to preserve federalism. The Constitution gives all levels of government authority over their own affairs, but it also allows for exceptions to this rule when necessary. For example, states can enter into agreements with each other or with foreign governments; Congress can override state laws; and courts can issue rulings that override actions by elected officials.
Explicit delegations are those contained in statutes. A legislature may expressly delegate its power to make laws to another branch of government through a statute. For example, Congress could authorize the President to make rules regarding trade with other countries through a statute. Implied delegations are those that can be inferred from statutory language. For example, if a statute includes both explicit and implicit delegations of power, then we can infer that Congress intended for the executive branch to have that power. Because agencies are creations of Congress, they also have an implied delegation of power from Congress to act on behalf of Congress.
Inherent powers are those that flow directly from the people or from certain constitutional provisions. For example, the Constitution grants Congress the power to declare war, so Congress has the power to exercise this function itself rather than relying on the executive branch to do so.