Jonah Patel
Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited nor given by law to any organ of government. The Tenth Amendment of the US Constitution states that powers not granted to the federal government are reserved for the states, unless prohibited to them. This amendment has been interpreted as reinforcing the idea that all powers not explicitly or expressly granted to the federal government are reserved for the states. The Ninth Amendment also plays a role in this dynamic, preventing an over-broad interpretation of federal powers. This balance of power between federal and state governments is a key feature of federalism, allowing states some autonomy and the freedom to experiment with different ideas and programs.
| Characteristics | Values |
|---|---|
| Country | United States |
| Amendment | Tenth Amendment |
| Power Dynamic | Between federal and state governments |
| Nature of Powers | Enumerated powers |
| Nature of Federal Government | Limited government |
| Nature of Rights | Not all possible rights of the people are enumerated |
| Nature of Reserved Powers | Unenumerated powers |
| Nature of Ninth Amendment | Prevents over-broad interpretation of federal powers |
| Nature of Tenth Amendment | Limits powers of federal government |
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What You'll Learn
The Tenth Amendment in the US Constitution
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It is based on the principle of federalism, which outlines a power-sharing agreement between the federal government and individual states. The Amendment specifies that the federal government only has the powers delegated to it by the Constitution. Any powers not expressly forbidden to the states by the Constitution are reserved for each state or the people.
The Tenth Amendment was proposed by the 1st United States Congress in 1789, during its first term after the Constitution's adoption. It was drafted by Connecticut Representative Roger Sherman, a Founding Father, and passed by the Continental Congress. The Amendment was considered a prerequisite by many members before they would ratify the Constitution, particularly to satisfy Anti-Federalists' demands, who opposed the creation of a stronger federal government.
The Amendment's purpose is to reinforce the notion that the Federal Government maintains only limited powers. It clarifies that the federal government does not have any rights that are not explicitly granted to it. This idea has been interpreted as a truism by the Supreme Court, which asserted that the amendment "added nothing to the [Constitution] as originally ratified."
The Tenth Amendment has been used to both expand and contract the authority of the federal government. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's authority to enact policies through the Commerce Clause. Conversely, in Cooper v. Aaron (1958), the Amendment was used to prevent Arkansas from delaying the desegregation of schools, as it would have violated the previous ruling in Brown v. Board of Education of Topeka, which deemed racial segregation in public schools unconstitutional.
In summary, the Tenth Amendment to the US Constitution is a significant component of the Bill of Rights, ensuring a balance of power between the federal government and the states and protecting the liberties of the people.
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Reserved powers doctrine in Australia
In Australia, the High Court adopted the "reserved powers doctrine", which was used until 1920 to preserve as much autonomy for the states as could be interpreted from the constitution. This was despite the centralised nature of the constitution.
The reserved powers doctrine refers to powers that are neither prohibited from being exercised by an organ of government nor given by law to any specific branch of government. These reserved powers may exist because it is impractical to detail in legislation every act allowed to be carried out by the state.
The reserved powers doctrine is similar to legal frameworks in the United Kingdom and countries whose legal systems are based on common law, such as Canada, India, Israel, and Ireland.
However, the practice of the reserved powers doctrine in Australia changed with the Engineers' Case, after which the reserved powers were given to the Commonwealth. This case likely refers to the 1920 Australian Engineers' case, which concerned a dispute over the jurisdiction of state railways versus interstate commerce.
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Implied powers of Congress
The United States Constitution grants Congress a specific set of powers known as "expressed" or "enumerated" powers. However, the Framers of the Constitution also understood the need to provide some flexibility, and so they included implied powers as well. Implied powers are those that are not directly stated in the Constitution but are derived from or related to the expressed powers. They are deemed "necessary and proper" for executing the constitutionally granted powers effectively.
The implied powers of Congress come from the Constitution's "Elastic Clause" or "Necessary and Proper Clause" (Article I, Section 8, Clause 18), which grants Congress the power to:
> "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause gives Congress the ability to exercise powers related to its other powers vigorously, but it does not give them free rein to do whatever they want. The legitimacy of these implied powers is further supported by the Taxing and Spending Clause and the Commerce Clause.
Congress has used its implied powers in several significant ways. For example, in 1791, Congress created the First Bank of the United States, which was a controversial decision at the time. Another example is the passing of gun control laws, which, despite appearing to conflict with the Second Amendment, have been justified by Congress's expressed power to regulate interstate commerce under the Commerce Clause. Other illustrations of Congress's implied powers include the establishment of a minimum wage and the collection of income tax.
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State police powers
In the United States, the Tenth Amendment of the Constitution states that the powers not granted to the federal government are reserved by the states, unless prohibited to the states. This includes state police powers, which are the fundamental ability of a state government to enact laws for the public good. The term does not refer to the common association of police officers but rather to the broad regulatory power of the government.
The broadness of a state's police power is recognised in modern jurisprudence. For example, a 2019 California Supreme Court case stated that "the inherent local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land". This includes "the authority to establish aesthetic conditions for land use".
Controversies over the exercise of state police power can arise when state authorities conflict with individual rights and freedoms. The regulation and punishment of intrastate violence, for example, has been deemed to be within the police power of the state. However, the state's police power does not entitle it to take private property through the power of eminent domain, as this is distinct from its regulatory authority.
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Federalism and the division of power
Federalism is a system of government in which a written constitution divides power between a central, or national, government and several regional governments. The US Constitution's Tenth Amendment states that powers not granted to the federal government are reserved for the states unless prohibited to them. This amendment does not refer to powers "expressly" granted to the federal government, and the federal government possesses many implied powers that are not reserved for the states.
The US Constitution grants Congress the power to establish federal courts, and the Appointments Clause in Article II gives the executive branch and the President the power to appoint federal officials, including federal judges, ambassadors, and other "principal officers" of the United States. The President has the power to remove any executive branch officer except where restricted by law. While Congress can impeach and remove a President, the President enjoys immunities from prosecution for acts while in office.
The President has broad discretion over foreign policy, and Congress may delegate powers to the President in advance to be exercised at their discretion. However, the President's powers to commit troops to preemptive strikes or defend allies without Congressional approval are less clear.
The interaction between state and federal governments in a federalist system is fluid and operates differently in various contexts. Over time, Congress's power has increased in range, and the Supreme Court has occasionally struck down federal laws that exceed the explicit and implied powers of Congress.
Reserved powers, or residual powers, are those that are neither prohibited nor granted by law to any organ of government. Countries with common law systems, such as the UK, Canada, India, Israel, and Ireland, have similar legal frameworks for reserved powers. Australia adopted the "reserved powers doctrine" until 1920 to preserve state autonomy, but this changed with the Engineers' Case, after which reserved powers were given to the Commonwealth.
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Frequently asked questions
Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government nor given by law to any other organ of government.
Reserved powers are mentioned in the Tenth Amendment of the US Constitution, which states that the powers not granted to the federal government are reserved for the states.
States use their police powers to regulate public welfare and morality.
Yes, the United Kingdom and countries whose legal system is based on common law, such as Canada, India, Israel, and Ireland, have similar legal frameworks of reserved powers.
