Which level of government exercises its power under the 10th amendment?

Answer 1

The Tenth Amendment addresses powers reserved to the states:

Amendment 10

"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."

It's a common misconception that the federal government can only exercise powers explicitly written in the Constitution. The Constitution includes several clauses that allow flexibility to use "implied powers" in order to accomplish legitimate federal tasks.

Article I, Section 8, Clause 3: (Interstate Commerce Clause)

"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"

The explicit power to regulate commerce has enabled Congress to write laws affecting business and workplace policies both intra- and interstate for the benefit of the "general welfare." While not all of these Acts have been upheld as constitutional, the Supreme Court has supported many that were only indirectly related to interstate commerce.

Article I, Section 8, Clause 18: (Necessary and Proper Clause)

"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

Exercise of the Necessary and Proper Clause sometimes results in laws regulating matters the states consider part of their domain.

Article VI, Section 2: (Supremacy Clause)

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

The Supremacy Clause subordinates state laws and constitutional issues to the US Constitution, federal laws and US treaties when there is a conflict in laws (except over areas where the federal government lacks jurisdiction, such as unincorporated clauses or Amendments like the Seventh Amendment)

Amendment 14, Sections 1 and 5:

Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Section 5: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

The Fourteenth Amendment due process and equal protection clauses have been used to incorporate (apply) individual clauses of the Bill of Rights to the States, and allow Congress to make laws upholding the Bill of Rights and ensuring US residents receive due process and equal protection (often in response to unconstitutional state laws), regardless of whether the matter involves powers enumerated in the Articles of the Constitution.

Answer 2

federal

federal

federal

Answer 3

The individual State Governors have ultimate authority, although the state legislatures participate by passing bills for the Governors to sign into law.

Answer 4

reserved powers