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All powers not explicitly given to the Federal Government are allocated to the States, unless the Constitution prohibits those powers from the States, in which case the power remains a "natural right" of the citizenry.

In short, for a specific Power:

(1) the Federal government can exercise it if the Constitution says it belongs to the Federal government.

(2) if the power isn't directly given to the Federal Government, then the State has it

(3) however, if the Constitution prohibits the States from having a power, and does not give it to the Federal government, then that power remains a "reserved" right of the people - that is, the people retain this power, and it cannot be modified or challenged by the Federal or State government.

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13y ago

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