Isabella Carter
The Tenth Amendment of the U.S. Constitution reserves powers for state governments, maintaining a balance of power between them and the federal government. It specifies that any powers not explicitly granted to the federal government are reserved for state and local governments, or to the people. This amendment reinforces the idea of federalism, which refers to the division of power between federal and state governments, and protects states' rights by limiting the federal government's ability to regulate or command state policies.
Reserved Powers in the US Constitution
| Characteristics | Values |
|---|---|
| Powers not delegated to the federal government | Reserved for state and local governments |
| Powers not prohibited to the states | Reserved for the states |
| Powers not explicitly granted to the federal government | Implied powers that are not reserved for the states |
| Powers neither prohibited nor given to an organ of government | Reserved powers |
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What You'll Learn
The Tenth Amendment
The text of the amendment is as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In simpler terms, this means that any power that the Constitution does not explicitly grant to the federal government is reserved for the states and the people. This includes powers related to regulating public welfare and morality, often referred to as "police powers."
The amendment reinforces the principles of federalism and maintains a balance of power between the federal and state governments. It allows states the freedom to experiment with different ideas and programs, earning them the nickname "laboratories of democracy." The Supreme Court has interpreted the Tenth Amendment as a truism, affirming that the federal government does not possess any rights that are not explicitly granted to it.
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Federalism
Delegated powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. These include the power to issue a central currency for all states, raise and maintain an army, and organize the delivery of mail in a centralized fashion. The national government was conceived as one of limited and enumerated powers, with state powers encompassing everything else.
Inherent powers are not specifically listed in the Constitution but are implied by the existence of the national government. For example, the United States has the power to acquire territory, a right claimed by most governments.
Reserved powers, on the other hand, are set aside for the states and are guaranteed by the Tenth Amendment. The Tenth Amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Traditional reserved powers of the states include regulating trade within a state, establishing local governments, and conducting elections.
The interpretation and application of federalism have evolved over time. In the late 19th and early 20th centuries, the Supreme Court used the Tenth Amendment to limit federal authority, particularly in economic regulation. However, after 1937, this doctrine was largely abandoned, although it has reappeared in more recent cases. Federalism also changed after the Civil War, with the Thirteenth Amendment eliminating the power of states to enforce slavery within their borders.
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State and local governments
The Tenth Amendment, ratified on December 15, 1791, clarifies that any powers not explicitly granted to the federal government by the Constitution, nor prohibited by it to the states, are reserved for the states or the people. This amendment is often interpreted as a limitation on the federal government's powers, emphasising the states' authority and sovereignty.
The Tenth Amendment, part of the Bill of Rights, was a response to concerns about the potential swallowing up of states' rights during the ratification of the Constitution. The amendment's text omits the word "expressly", indicating that the absence of a specific grant of power from the federal government to the states is sufficient to reserve that power for the states or the people. This amendment has been central to debates between federal and state power and has been invoked in several Supreme Court decisions to determine the extent of federal authority.
The amendment's vague language, which does not specify any particular powers, has resulted in ongoing discussions about the extent of state authority. This ambiguity allows states to claim undefined powers, which can be used to challenge federal policies or actions that might infringe on state sovereignty. For example, in National League of Cities v. Usery, the Court acknowledged that while regulating the wages and hours of state and local government employees fell within the scope of the Commerce Clause, it cautioned against impairing the "attributes of sovereignty" inherent to each state government.
The Tenth Amendment has also been invoked in cases concerning state authority over their officials' qualifications. In Gregory v. Ashcroft, the Court emphasised the significance of the people's authority in the states to determine the qualifications of their government officials, a power reserved under the Tenth Amendment. This case highlighted the delicate balance between federal and state powers, with the Court recognising the need for Congress to explicitly state its intentions when exercising its Commerce Clause powers.
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Implied powers
The Tenth Amendment to the U.S. Constitution concerns the power dynamic between the federal and state governments. It specifies that every power not granted to the federal government is delegated to state governments. In other words, if the Constitution grants a specific power to the federal government, it is its power alone. Every unenumerated power is a power reserved to the states. The Tenth Amendment reinforces the idea that every other power is reserved to the states.
The concept of implied powers in the Constitution is not new. The framers knew that the 27 expressed powers listed in Article I, Section 8, would never be adequate to address all the unforeseeable situations and issues Congress would need to deal with over the years. They understood that they needed to provide some flexibility in the document for representatives to govern for the common good. Therefore, they granted Congress—the legislative branch of government—implied as well as explicit enumerated powers.
There have been several instances of the usage of implied powers. One example is the Louisiana Purchase in 1803, where the United States was offered the opportunity to purchase French territory in continental North America. Another instance is when Congress created the First Bank of the United States in 1791, and President George Washington asked Treasury Secretary Alexander Hamilton to defend the action. In a classic argument for implied powers, Hamilton explained that the sovereign duties of any government implied that it reserved the right to use whatever powers necessary to carry out those duties.
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Reserved powers doctrine
The reserved powers doctrine is a principle that was used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia. The doctrine emphasised the context of the Constitution, drawing on principles of federalism and the compromises that informed the text of the constitution. It was used to preserve the powers that were intended to be left to the states.
The reserved powers doctrine was used to interpret the specific powers of the Federal Parliament restrictively, to maintain the autonomy of the states. This was based on the understanding that the Commonwealth of Australia was set up as a federal polity with limited, enumerated powers. The doctrine was used to protect both the Commonwealth and the states from legislative or executive action that would "fetter, control, or interfere with, the free exercise" of the legislative or executive power of the other.
The reserved powers doctrine was challenged in 1906 with the appointment of Isaacs and Higgins JJ, which disrupted the unanimity of the inaugural members of the Court. The Court was divided between the 'federalists' and the 'nationalists'. In R v Barger, the Court had to consider whether the Commonwealth could use an excise tariff under the taxation power to protect manufacturers who paid "fair and reasonable" wages to their employees. The Court was divided, with the majority holding that the Excise Tariff Act 1906 was invalid, based on the doctrine of reserved powers.
The reserved powers doctrine was ultimately abandoned by the High Court in 1920 in the Engineers' Case, replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution. After this, the reserved powers were given to the Commonwealth.
In the United States, the Tenth Amendment of the Constitution reserves powers for the states, specifying that every power not granted to the federal government is delegated to state governments. This amendment reinforces the idea that every power not explicitly granted to the federal government is a power reserved for the states.
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Frequently asked questions
Reserved powers, residual powers, or residuary powers are powers that are neither prohibited nor given by law to any organ of government.
The Tenth Amendment to the U.S. Constitution specifies that every power not granted to the federal government is delegated to state governments.
Examples of powers reserved for state governments include the power to regulate public welfare and morality, and the power to enact taxes to raise revenue.
The Tenth Amendment reinforces the idea of federalism, which refers to the division of power between the federal and state governments. It also allows states the freedom to experiment with different ideas and programs.
The United Kingdom, Canada, India, Israel, and Ireland have similar legal frameworks of reserved powers.
