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The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess. [2] [3]
The purpose of this amendment is to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers. [ 3 ] [ 4 ] Some legal scholars (including textualists and originalists ) have effectively classified the amendment as a tautology , a statement affirming that the federal ...
Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence , nevertheless may exist because it is impractical to detail in legislation every act allowed to be ...
Congress has exclusive authority over financial and budgetary matters, through the enumerated power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. This power of the purse is one of Congress's primary checks on the executive branch. [6] In ...
Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system.
Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising. [1] That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of the federal government.
In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency. [ 9 ] The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws .
Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers (forbidden to be possessed by the states, or requiring federal permission). [1] In many federations, enumerated federal powers are supreme and so, they may pre-empt a state or provincial law in case of conflict.