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Constitutional law

powers reserved to states

The Tenth Amendment to the United States Constitution helps to define the governmental powers allocated to the federal government and the governmental powers allocated to the state governments—a concept known as federalism. The Tenth Amendment provides that “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.”

In Delaware, as in all states, the Tenth Amendment to the United States Constitution plays a crucial role in determining the division of powers between the federal government and the state government. This amendment, which is part of the Bill of Rights, asserts that any powers that the Constitution does not specifically grant to the federal government, nor deny to the states, are reserved for the states or the people. This principle of federalism allows Delaware to exercise a wide range of powers independently from the federal government, including areas such as education, local law enforcement, public health, and transportation, provided that such activities do not conflict with federal laws or the U.S. Constitution.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Constitutional law

powers reserved to states

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