Delegated, Expressed, Implied, Inherent, Reserved, and Concurrent Powers
Delegated (or enumerated) powers are the powers the Constitution gives the national government, and they come in three kinds. Expressed powers are written out, such as coining money or declaring war. Implied powers come from the Necessary and Proper Clause, such as creating a national bank. Inherent powers belong to any sovereign nation, such as controlling its borders. Reserved powers stay with the states under the Tenth Amendment, such as running elections and schools, and concurrent powers are shared by both levels, such as taxing and borrowing.
Quick answer: Expressed powers are written in the Constitution, like Congress’s power to coin money. Implied powers come from the Necessary and Proper Clause, like creating a national bank. Inherent powers belong to the national government because it is a sovereign nation, like controlling borders. Reserved powers stay with the states under the Tenth Amendment, like running schools. Concurrent powers are shared by both, like taxing.
Chapter 6 of the CLEP American Government study guide on Effortless Math covers Delegated, expressed, implied, inherent, reserved, and concurrent powers: the key terms, the core ideas, and worked examples showing how this topic is tested on the exam.
CLEP American Government, Chapter 6
Delegated, expressed, implied, inherent, reserved, and concurrent powers
Expressed powers appear in constitutional text; implied powers are appropriate means for executing granted authority; inherent powers arise from national sovereignty; reserved powers remain with states; concurrent powers are exercised by both levels.
The categories answer different questions. "Expressed" identifies the textual source, "implied" describes a means of executing granted authority, and "reserved" identifies power left outside the federal grant. "Concurrent" describes overlap, not a separate constitutional source. Taxation can be concurrent even though each level taxes under its own authority.
Start with the actor and action. Congress must connect regulation to an enumerated power; a state ordinarily relies on its general police power. If both rules are valid, ask whether compliance with both is possible or federal law displaces the state rule. The Tenth Amendment does not reverse the Supremacy Clause.
A useful answer names one category and explains why it fits. Congress coining money is expressed; creating a national bank to carry fiscal powers into execution is implied; state health regulation is generally reserved; and both levels may levy taxes. Do not treat "federal" as proof of supremacy until federal authority is established.
Video lesson: Federalism: Crash Course Government and Politics #4
The six types of powers compared
| Type | Who holds it | Where it comes from | Examples |
|---|---|---|---|
| Delegated (enumerated) | National government | The umbrella term for powers the Constitution gives the national government | Includes expressed and implied powers |
| Expressed | National government | Written in the text, mainly Article I, Section 8 (Congress), plus Articles II and III | Tax, borrow money, coin money, regulate interstate and foreign commerce, declare war, raise an army; the President is commander in chief |
| Implied | National government | Necessary and Proper Clause (Article I, Section 8, Clause 18) | Create a national bank, set up a military draft, create federal agencies |
| Inherent | National government | National sovereignty, not a specific clause | Control immigration and borders, acquire territory, conduct foreign relations |
| Reserved | States (or the people) | Tenth Amendment | Set up public schools, issue driver’s and marriage licenses, create local governments, regulate business within the state |
| Concurrent | Both national and state governments | Powers the Constitution gives the national government without making them exclusive | Tax, borrow money, set up courts, make and enforce laws, charter banks |
Reserved powers vs. implied powers
These two are easy to mix up because neither is spelled out word for word. The difference is who holds them. Implied powers belong to the national government. They come from the Necessary and Proper Clause, which lets Congress pass laws needed to carry out its expressed powers. In McCulloch v. Maryland (1819), the Supreme Court used this clause to uphold a national bank, since a bank helps Congress tax, borrow, and spend.
Reserved powers belong to the states. The Tenth Amendment says powers not given to the national government, and not denied to the states, are kept by the states or the people. Schools and marriage licenses are classic examples. When a valid federal law and a state law conflict, the Supremacy Clause in Article VI means the federal law wins.
Frequently Asked Questions
What are the three kinds of delegated powers?
Delegated powers, the powers given to the national government, come in three kinds: expressed, implied and inherent. Expressed powers are written in the Constitution, such as coining money. Implied powers come from the Necessary and Proper Clause, such as creating a national bank. Inherent powers belong to the national government because it governs a sovereign nation, such as controlling its borders.
What is the difference between the expressed, implied, reserved, and concurrent powers?
Each category answers a different question. Expressed powers are listed in the Constitution for the national government. Implied powers are not listed but are needed to carry out the listed ones. Reserved powers are kept by the states under the Tenth Amendment, like setting up schools. Concurrent powers are shared by both levels, like collecting taxes and borrowing money.
Are reserved powers and implied powers the same?
No. Implied powers belong to the national government and come from the Necessary and Proper Clause in Article I, Section 8. Reserved powers belong to the states and come from the Tenth Amendment, which keeps for the states any power not given to the national government or denied to them. Drafting soldiers is an implied federal power, while issuing marriage licenses is a reserved state power.
What is the difference between inherent and delegated powers?
Delegated powers are the powers the Constitution grants to the national government. Inherent powers are actually one type of delegated power, but they are not written in the text. They exist because the United States is a sovereign country, and every sovereign country needs them. Examples include controlling immigration, acquiring territory and conducting foreign relations.
What are the three expressed powers of Congress?
Congress has many expressed powers in Article I, Section 8, but three that are often cited are the power to lay and collect taxes, the power to coin money, and the power to declare war. Others on the list include borrowing money, regulating interstate and foreign commerce, establishing post offices, and raising and supporting armies.
Is conducting elections a reserved power?
Yes. Running elections is usually taught as a reserved power because states set up polling places, register voters and count ballots. Article I, Section 4 lets states set the times, places and manner of congressional elections, though Congress can change some of those rules, and constitutional amendments protect voting rights. So states run elections within limits set by federal law.
Related to This Article
More math articles
- Microorganisms and Disease
- How to Get a PhD in Math
- Free Grade 8 English Worksheets for Virginia Students
- Free Grade 7 English Worksheets for Florida Students
- Top 10 CHSPE Math Practice Questions
- How to Use Input/output Tables to Add and Subtract Integers?
- The Best Grade 4 ELA Practice Tests for Montana Students
- Affirmative action
- Top 10 4th Grade Common Core Math Practice Questions
- Subtracting Money Amounts for 4th Grade
What people say about "Expressed, Implied, Reserved and Concurrent Powers"?
No one replied yet.