Reserved Powers of the States (10th Amendment)

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What are reserved powers?

Powers that the U.S. Constitution does not grant to the federal government or prohibit the states from using. These powers are reserved to the states or the people.

Which amendment to the Constitution is the basis for reserved powers?

The 10th Amendment.

What does the 10th Amendment state?

'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.'

Provide a key example of a power reserved to the states regarding education.

Establishing and operating public school systems. While the federal government provides funding and can set certain standards, the core function of running schools is a state power.

What are 'police powers' and who holds them?

Police powers are the fundamental authority of a government to enact laws to protect the health, safety, morals, and general welfare of its citizens. These are a core component of the states' reserved powers.

Provide an example of states exercising their 'police powers.'

Requiring a professional license to practice medicine, law, or cosmetology. Other examples include setting speed limits and enacting building codes.

Who has the power to conduct all public elections (local, state, and federal)?

The states hold the reserved power to manage and conduct elections, although the federal government can pass laws that regulate certain aspects of federal elections (e.g., Voting Rights Act).

Who has the power to issue licenses, such as driver's licenses, marriage licenses, and professional licenses?

The states. This is a classic example of a reserved power.

Who has the power to establish local governments (cities, counties, towns)?

The states have the reserved power to create and regulate local governments. Local governments derive all their authority from the state.

Who has the power to regulate intrastate commerce?

The states. This refers to commerce that occurs entirely within the borders of a single state, as opposed to interstate commerce which is regulated by the federal government.

Can states make their own laws regarding marriage and divorce?

Yes, this is a traditional reserved power. However, this power is limited by the U.S. Constitution, as interpreted by the Supreme Court. For example, the ruling in *Obergefell v. Hodges* (2015) requires all states to license and recognize same-sex marriages.