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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 South Dakota, 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 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 means that South Dakota has the authority to legislate and govern in a wide range of areas that are not explicitly covered by federal law. Examples of state powers include regulating education, conducting elections, and managing public health and safety within the state. However, when state laws conflict with federal laws, the Supremacy Clause of the Constitution dictates that federal law generally takes precedence.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Constitutional law

powers reserved to states

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