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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 West Virginia, 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 West Virginia has the authority to legislate and govern in a wide range of areas, as long as such legislation does not conflict with federal laws or the U.S. Constitution. The state can make laws concerning education, local government, public safety, and other matters that are not explicitly covered by federal law or are not within the exclusive jurisdiction of the federal government.

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Constitutional law

powers reserved to states

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Constitutional law

powers reserved to states

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