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 South Carolina, 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 South Carolina to exercise a wide range of powers independently from the federal government, as long as such powers are not in conflict with federal law or the U.S. Constitution. This includes areas such as education, local law enforcement, public health, and transportation, among others. The state's statutes and regulations are crafted within this framework, ensuring that state laws complement the federal system while retaining autonomy over matters not federally pre-empted.