What powers belong to the states from the constitution?

Answer 1

All legal powers in our government derive from THE PEOPLE! ...."that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness." The Declaration says that we institute government to secure our rights--our natural rights and the rights we create as we live our lives. But the powers government may need to do that must be derived from our consent if they are to be just! That is to say, states do not derive powers from the Constitution, as such... The People of this land give limited powers to the government and the Constitution--limited powers that affect the People. The larger governments grow, the larger power of the governments over the people grows, until one day, the government will snatch all its power away from the people and give it to the government, and the Tyrants of the government!! This seems to be a difficult concept for people to grasp. But, it is the People who hold the power over themselves from birth, powers given by God. We transfer limited powers to a Government so that the Government may institute a limited Police Power over the People. And that is all! The Constitution is a written document that explains this, and spells out what sort of powers, and in what manner they are given to the Government.

Answer 2

U.S. Const., Amend. X:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

At American Constitutional Law, a State's most pervasive power is known as the police power:

Black's Law Dictionary, 9th Ed., defines police power:

"...1. The inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public security, order, health, morality, and justice. It is a fundamental power essential to government, and it cannot be surrendered by the legislature or irrevocably transferred away from government.... 2. A state's Tenth Amendment right, subject to due-process and other limitations, to establish and enforce laws protecting the public's health, safety, and general welfare, or to delegate this right to local governments. 3. Loosely, the power of the government to intervene in the use of privately-owned property, as by subjecting it to eminent domain...."

Also read Ernst Freund, The Police Power §3 (1904).

Answer 3

reserved powers reserved powers

Answer 4

star court