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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 Jersey, 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 a cornerstone of American federalism, asserts that any powers not explicitly granted to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people. This means that New Jersey has the authority to legislate and govern in a wide range of areas, provided that such legislation does not conflict with federal law or the U.S. Constitution. The state can make laws concerning education, local government, public safety, and other matters that are not within the exclusive purview of the federal government. However, when state laws do conflict with federal laws, the Supremacy Clause of the Constitution provides that federal law will prevail.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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New-Jersey State Code

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Constitutional law

powers reserved to states

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