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AveGali [126]
3 years ago
15

Congress has two type of powers. Explain the difference between expressed/enumerated powers and implied powers.

History
1 answer:
Goryan [66]3 years ago
7 0

Answer:

Implied Powers are powers that aren't spelled out in the Constitution. ... Expressed Powers are powers that are written directly into the Constitution. An example of this is that in the Constitution it says that Congress has the power to collect taxes and coin money.

Explanation:

Implied powers are powers that are not exactly mentioned in the constitution, and expressed powers are powers that are written in the constitution.

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Another qualification that Bodin introduces into the definition of sovereignty as absolute and perpetual is one that will become increasingly important in subsequent theorisations, culminating in the work of Carl Schmitt. For Bodin, a sovereign prince is one who is exempt from obedience to the laws of his predecessors and more importantly, those issued by himself. Sovereignty rests in being above, beyond or excepted from the law. Although it occupies a subordinate place in Bodin's theorisation, it could be said that this exception from being subject to the law is the quintessential condition of sovereignty in so far as it is understood politically.

Although for Bodin sovereignty is characterised by absolute and perpetual power he goes on to make a series of important qualifications to this concept. These come from two principle concerns. The first is real politics - Bodin seems to be aware that absolute power could licence behaviour injurious to sovereign authority. Hence for example a sovereign cannot and should not confiscate property nor break contractual agreements made with other sovereigns, estates nor private persons. The second reason is Bodin's underlying theological notion of divine authority and natural law. A sovereign may put aside civil law, but he must not question natural law (in which it appears right of property is sanctioned). Saying this, it is ultimately from this divine authority that the earthly right of sovereign power is legitimated. The prince literary does god's bidding, and yet by virtue of this can do wrong. Hopefully this helps out some :)

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