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Which of the following describes "reserved powers"?

a-They are determined only by the president.
b-They are shared by the states and nation.
c-They belong to the national government.
d-They belong only to state governments.

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1 Answer

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Final answer:

Reserved powers refer to the legal authority that belongs exclusively to state governments within the U.S. federal system as outlined by the Tenth Amendment. These powers enable states to manage aspects of governance not expressly delegated to the national government, maintaining a balance between state and federal authority.

Step-by-step explanation:

Reserved powers are a concept from the field of constitutional law that speaks to the distribution of power within the federal system of the United States. As defined by the Tenth Amendment, these are the powers that are not granted to the national government by the Constitution, nor prohibited to the states. Instead, they are retained by state governments, ensuring a level of sovereignty and autonomy for individual states within the union.

The Tenth Amendment clarifies that the national government only has the powers explicitly delegated to it by the Constitution (enumerated powers) and also recognizes powers that are considered implied, suggested by the Constitution but not directly written, such as the power to regulate interstate commerce. Conversely, the powers that are not listed as belonging to the federal government are reserved for the states. These reserved powers allow states to handle affairs not specifically covered by the federal government, such as establishing local governments, overseeing education, and regulating intrastate commerce.

Reserved powers also highlight the existence of concurrent powers, where both the state and federal governments share responsibilities, such as the power to tax. This layered approach to governance ensures a balance between centralized national control and localized state autonomy, a fundamental aspect of the federal system. The reservation of powers to the states was a core argument during the founding of the country, emphasized by the Anti-Federalists, who advocated for strong state powers against a potentially overpowering national government.

In summary, reserved powers are the legal authority held by the states to regulate and manage their affairs, provided these areas are not already addressed by the federal government or prohibited by the Constitution. This federalist structure allows for a diversified approach where different states can address local concerns while maintaining the unity of the nation under the overarching federal law.

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