Reserved powers

Reserved powers are those powers which are not "enumerated" (or listed) in a constitution. They are not specifically given to any branch of the government, but are instead retained by the sovereign state. In a federal system of government, such as that of the United States, reserved powers are those powers not granted to the federal government, nor prohibited to the states, by the U.S. Constitution.

Definition and Examples

Reserved powers can be contrasted with concurrent powers, which are powers that are shared by both the state and the federal government. They can also be contrasted with exclusive powers, which are powers that only the federal government has.

Examples of reserved powers include the power to issue licenses, the power to regulate intrastate commerce, and the power to conduct elections. These powers are not explicitly stated in the U.S. Constitution, but are nonetheless vital to the functioning of the state governments.

Reserved Powers in the U.S. Constitution

The concept of reserved powers in the U.S. is derived from the Tenth Amendment to the U.S. Constitution, which 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." This amendment is part of the Bill of Rights, the first ten amendments to the U.S. Constitution that were adopted to protect the rights of the individual states and the people.

Reserved Powers in Other Countries

In other countries with a federal system of government, such as Australia and Germany, the concept of reserved powers also exists, although it may be applied differently. For example, in Australia, the Australian Constitution does not explicitly list reserved powers, but the High Court of Australia has interpreted the Constitution to imply their existence.

See Also

• Federalism
• State's rights
• Constitutional law