Which powers are given directly to the people or the states?
A. implied.
B. reserved.
C. concurrent.
D. expressed.
Answer: B. reserved.
Non-delegated powers are those that are not bestowed upon the federal government by the constitution and as such are retained for the states and /or to the people. This concept is rooted in the Tenth Amendment of the United States Constitution, which states: In other words, all other powers which are not explicitly granted to the United States within the Constitution nor denied to the States by the Constitution are reserved to the States or the people individually.
These words were added to check the authority of the federal government and to protect the state sovereignty as well as people’s rights and freedoms. The Tenth Amendment provides the states with the right to attend to such functions that are not covered under the constitution due to the reserved powers hence giving leeway to cope with local issues and demands.
Examples of reserved powers include:
- Sustaining and creating public schools
- Regulating intrastate commerce
- Conducting elections
- Establishing local governments
- Regulating marriage and divorce
- Criminal law-making and enforcement
- Developing public health/safety laws and standards
For instance, the federal government has jurisdiction over the commerce between states but individual states govern intrastate commerce. Likewise, while the federal government defines general prerequisites for education, each state and local government governs public schools regularly.
Many can argue that reserved powers are very essential in the American system of federalism as they accommodate both central and state sovereignty. They allow states to be the ‘laboratories of democracy’ hence providing an opportunity for states to test various policies in practice and even the mode of governance without violating the constitution of the country.
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