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Which of the following is true about how the Constitution deals with state power?

(Choose every correct answer.)
a. The Constitution only deals with the national government and does not have any provisions relating to state power
b. The Constitution lists all the specific powers that are reserved to the states.
c. The Constitution does not delegate any powers to the states.
d. The Constitution does not explicitly speak of state sovereignty.
e. The Constitution specifies only a few state powers.

1 Answer

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Final answer:

The U.S. Constitution implicitly acknowledges state sovereignty, reserves an unspecified breadth of powers to the states via the Tenth Amendment, and fosters a system of concurrent powers shared by state and national governments. It does not list every state power specifically but allows for a flexible interpretation via implied and inherent powers. Option b, c, and d are the correct answers.

Step-by-step explanation:

The Constitution of the United States establishes a federal system of government where power is divided between the national government and the state governments. Addressing how the Constitution deals with state power, the correct statements are:

  • The Constitution does not list all the specific powers that are reserved to the states.
  • The Constitution does delegate powers to the states by virtue of the Tenth Amendment, which reserves to the states or the people those powers not delegated to the United States nor prohibited to the states.
  • The Constitution implicitly acknowledges state sovereignty by the very design of federalism and the inclusion of the Tenth Amendment.

Therefore, the options that accurately reflect the relationship between the Constitution and state power are:

  • The Constitution lists all the specific powers that are reserved to the states (Incorrect)
  • The Constitution specifies only a few state powers (Correct - it specifies few and implies many others through the Tenth Amendment)

Notably, McCulloch v. Maryland established the doctrine of implied powers, which supports the idea that not all powers need to be explicitly named in the Constitution to be validly exercised by the national government.

When considering shared powers between states and the national government, such as the power to levy and collect taxes, these are termed concurrent powers. These powers highlight the cooperative aspect of federalism where both levels of government wield certain authorities jointly.

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