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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 New Hampshire, 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 New Hampshire to exercise a wide range of powers independently from the federal government, as long as such powers are not in conflict with federal law. New Hampshire can pass statutes and regulations on matters such as education, local law enforcement, public health, and land use, which are not explicitly covered by federal law. However, when there is a conflict between federal law and state law, federal law will generally preempt state law under the Supremacy Clause of the Constitution.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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New-Hampshire State Code

New-Hampshire State Code

Constitutional law

powers reserved to states

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