What are reserved powers?
Reserved powers are powers that stay with the states or the people. The Constitution neither delegates these powers to the United States nor prohibits them to the states.
The Tenth Amendment on Congress.gov states this rule. It reserves powers not delegated to the United States, nor prohibited to the states, to the states or the people.
What are examples of reserved powers?
States use their general authority over health, safety, and welfare to make many everyday rules. Common examples include:
- Public education. States establish public school systems and set many education standards.
- Professional licenses. States set requirements for professions such as medicine.
- Public safety. States pass many criminal laws and public health rules.
These areas are not free from federal law. States must respect constitutional rights and valid federal laws. Justia’s Tenth Amendment guide explains the division of power and its limits.
How do reserved and enumerated powers differ?
Reserved powers sit outside the enumerated powers listed for Congress in Article I, Section 8. The enumerated powers guide covers that list, including taxation, commerce, and national defense.
Not every power missing from that list is reserved. Other constitutional provisions grant federal powers, and Congress has implied powers to carry out its listed powers. Some powers, such as taxation, belong to both federal and state governments.
How do state decisions affect your representation?
States draw congressional districts, but that work also follows federal constitutional and statutory rules. It is not an unlimited reserved power. The redistricting guide explains how states redraw the lines.
Those lines shape who elects your House representative. The gerrymandering guide explains how mapmakers can favor a party or group.
Follow the federal side of the divide
Your members of Congress vote on federal bills, not state laws. Their recorded votes show how they use federal power. Cappy Pillow helps you follow those votes without tracking every bill yourself.
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