The reserved powers clause of the U.S. Constitution, found in the 10th Amendment, established that any power not specifically delegated to the national government reverts to the states or the people.
The United States Constitution specifically grants certain powers or authority to the federal government. In an effort to prevent the newly formed government from stepping outside its authority, or abusing its powers, an amendment to the Constitution was made specifying that all powers not specifically granted to Congress or the President are reserved for the states, or the people, alone.
The concept of reserved powers is rooted in the fact that people are closer to, and feel a loyalty to, their state governments. This was especially true when the Constitution was framed, as most people lived their entire lives within a small area of 20 miles or so.
The Tenth Amendment helped to clarify how much the nebulous federal government held over the people, and which powers would be governed by the people’s home states. In basic terms, any powers not specifically given, or “enumerated,” to the federal government, are within the authority of the individual states.
For example:
1.- Every day, Nate stands in front of the local Post Office, panhandling and sometimes picking pockets of the many busy people coming and going. One day, Nate is caught attempting to steal an expensive watch, and he is arrested. Because the crime was committed on the grounds of the U.S. Post Office, the federal prosecutor charges him with the theft.
Nate’s attorney points out that Nate’s pastime of stealing items from Post Office patrons does not reach the level of federal prosecution, as he did not commit the crime against the federal agency. Nate’s attorney further argues that prosecuting such crimes intrudes on the reserved powers of each state to maintain law and order.
2.- The federal government can levy taxes, borrow money, build roads, and establish courts. The state governments also have these powers. Some of the powers delegated to the federal government by the United States Constitution include the following: the power to coin money.
