Reserved powers are those powers that are not specifically granted to the federal government by the Constitution and are therefore reserved for the states or the people. This concept is primarily rooted in the Tenth Amendment of the U.S. Constitution, which states that any powers not delegated to the United States nor prohibited to the states are reserved to the states or the people
Key Characteristics of Reserved Powers:
- They are neither prohibited to be exercised by an organ of government nor explicitly given to another organ of government
- These powers exist because it is impractical to detail every act allowed to be carried out by the state in legislation
- Reserved powers help maintain a balance of power between the federal government and the states, supporting the federal system known as federalism
- They allow states to manage local matters and serve as "laboratories of democracy," enabling experimentation with different policies
Examples of Reserved Powers:
- Running elections
- Creating marriage and divorce laws
- Establishing and running schools and hospitals
- Issuing professional licenses (e.g., medical or law licenses)
- Implementing welfare programs
- Regulating intrastate commerce (businesses within a state)
- Passing voting laws
- Granting driver's licenses
Context in Different Countries:
- In the United States, reserved powers are protected by the Tenth Amendment, and the federal government only has powers explicitly or implicitly granted by the Constitution
- In countries with common law systems like the UK, Canada, and Australia, reserved powers relate to areas not devolved to regional governments, such as foreign affairs and defense
In summary, reserved powers are the state-level authorities that exist to ensure that not all governmental power is centralized federally, allowing states to govern themselves in many areas not specifically assigned to the national government. This principle is fundamental to the structure of federalism in the U.S. and similar systems elsewhere
