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Which of the following best distinguishes between expressed powers and implied powers?

1) Expressed powers are specifically listed in the Constitution, while implied powers are not.
2) Expressed powers are granted to the federal government, while implied powers are granted to the states.
3) Expressed powers are limited to foreign affairs, while implied powers are related to domestic policy.
4) Expressed powers are granted to the executive branch, while implied powers are granted to the legislative branch.

User Rook
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1 Answer

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Final answer:

1) Expressed powers are specifically listed in the Constitution as enumerated powers, primarily outlined in Article I, Section 8, while implied powers are not explicitly stated but are inferred as necessary to implement the expressed powers, as per the 'necessary and proper clause'.

Step-by-step explanation:

Distinguishing Between Expressed and Implied Powers

The expressed powers of the federal government are those that are specifically listed in the Constitution. For instance, the Constitution grants Congress the power to regulate interstate commerce, declare war, and collect taxes.

These are often referred to as 'enumerated powers' and are found in Article I, Section 8, which describes the authority of the legislative branch. On the other hand, implied powers are not explicitly stated in the Constitution but are considered necessary to carry out the enumerated powers.

These powers are derived from the 'elastic clause' which gives Congress the ability to pass all laws necessary and proper for carrying out the enumerated list of powers.

The best distinction between expressed and implied powers is that expressed powers are specifically listed in the Constitution, while implied powers are not but are suggested by the Constitution's 'necessary and proper clause' found in Article I, Section 8.

Therefore, the correct answer to the student's question is: 1) Expressed powers are specifically listed in the Constitution, while implied powers are not, as they are logical extensions of expressed powers that are deemed necessary to execute the government's duties.

User Marc Schmitt
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