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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 Mexico, 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 is a cornerstone of the principle of federalism, which is the distribution of power between a central government and its constituent units. Under the Tenth Amendment, any powers that the Constitution does not specifically grant to the federal government, nor deny to the states, are considered reserved for the states or the people. This means that New Mexico has the authority to enact and enforce laws on a wide range of issues, provided they do not conflict with federal laws or overstep the bounds of the Constitution. The state's powers include areas such as education, public safety, transportation, and zoning, among others. However, the exact delineation of these powers can be complex and is often the subject of legal interpretation and disputes, sometimes requiring resolution by the courts.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Constitutional law

powers reserved to states

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