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 Georgia, as in all states, the Tenth Amendment to the United States Constitution plays a crucial role in defining the balance of power between the state government and the federal 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 Georgia to exercise a wide range of powers independently from the federal government, as long as such powers are not in conflict with federal laws or the U.S. Constitution. This includes areas such as education, local law enforcement, and other matters of local governance. However, when state laws or policies do come into conflict with federal law, the Supremacy Clause of the Constitution provides that federal law will generally take precedence.