the reserved powers found their constitutional mandate in the tenth amendment.
the reserved powers found their constitutional mandate in the tenth amendment.
where did the reserved powers find their constitutional mandate?
the tenth amendment
the tenth amendment (1791) was included in the bill of rights to further define the balance of power between the federal government and the states. the amendment states that the federal government has only those powers specifically granted by the constitution. these powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments. any power not listed is, says the tenth amendment, left to the states or the people. while there is no specific list of what these "reserved powers" may be, the supreme court has ruled that laws affecting family relations, commerce within a state's own borders, and local law enforcement activities, are among those specifically reserved to the states or the people.
constitution of the united states
reserved powers are given to different branches of the government in different countries. in canada the reserved powers lie with the federal government; in the united states, the reserved powers lie with the constituent states. in australia, despite the centralized nature of the constitution, the high court adopted the "reserved powers doctrine" which was used until 1920 to preserved as much autonomy for the states as can be interpreted from the constitution. this practice changed with the engineers' case which led reserved powers to be given to the commonwealth. other countries whose legal system is based on common law, such as india, israel, and ireland, have similar legal frameworks of reserved powers.
reserved powers