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The simple answer is the U.S. Constitution.
You can read the constitution online in many places.
There is disagreement over whether Federal authority currently exceeds constitutional limits and the debate is renewed with many pieces of legislation.
Much of the debate stems from the 10th Amendment to the Constitution which reads:
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.
Read alone, this amendment limits the powers of the Federal government substantially. However, opponents of this point of view often cite Article I Section 8 (on Congressional Powers), which the final paragraph gives the congress the power:
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.
In other words, they can make laws which help them carry out their enumerated powers.
This brings up the difference between expressed powersand implied powers.
Expressed powers are powers which are specifically to the government by the Constitution. Regulating foreign commerce, declaring war and establishing post offices are all expressed powers.
Implied powers are powers which are not specifically given to the government, but which the government has assumed, and which have passed judicial review by the Supreme Court. Chartering a bank (currently the Federal Reserve), and creating Social Security are examples of implied powers.
If ObamaCare is upheld by the Supreme Court, then regulating healthcare will become an implied power.
What else can I help you with?
How does Article II section 2 of the U.S. Constitution limit the power of the federal government?
When the US Constitution was ratified by the states, the delegates wanted to insure that the new Federal government had limited powers. To ensure this all powers not delegated to the Federal government, all powers not assigned to the Federal government are powers left to each state to decide.
What are the powers called that are specifically granted to the national government by the constitution?
Enumerated powers are the powers granted to the Federal Government by the U.S. Constitution. The clause explicitly enumerates all of the powers the Federal Government should have, and their powers are limited to those listed in the clause.
What rights did the states keep under the federal system of government?
The states were given all powers not delegated to the federal government in the Constitution. However, there are implied powers that the federal government can use.
What power did the constitution leave in hands of the state government?
All the powers the states didn't give to the Federal Government.The delegates to the Constitutional Convention specifically delegated powers to the federal government from each and the several states. The states retained all powers not delegated to the federal government. Any powers not retained by the states are retained by the people.
The Constitution clearly states all of the what of the National Government?
The Expressed, Enumerated, or Reserved Powers of the Federal Government. Other Powers that the Federal Government derives from the Constitution are called "Implied" Powers. This is often a 'gray area' that is settled by the Courts.
Why does the constitution have a long list of powers for the federal government but not for the states?
The American Constitution delegates all powers not specifically assigned to the Federal government to the States. This is know as the 'residual powers clause' and is outlined in Article I.
Difference between federal form of government and unitory gove?
In a unitary government, all powers are concentrated in one central authority while in a federal government powers are distributed between the central and state governments. Both of them enjoy coordinate powers.
Does The federal government accrues all powers not specifically delegated to the states?
The state governments retain all powers not specifically delegated to the federal government. So, as you see, it is other way around.Hence, the answer to this question is ' NO, it does not.' This is FALSE.
How are the powers of government in Colorado divided?
ALL states are modelled after the federal government. They ALL have Legislative, Executive, and Judicial branches.
Explain how a federal system of government delegates powers between state and national government?
Under the Tenth Amendment, the powers that are not expressly given to the federal government are reserved to the states or the people. The enumerated powers in the constitution (and their related implied powers) are powers the federal government has. The state governments retain all of the other powers. Some powers are concurrent; the federal government has been given the power, but it hasn't been prohibited to the states, so they also can exercise it. An example would be the ability to tax.
Should the Constitution be interpreted loosely to grant implied powers to the federal government?
The U.S. Constitution does not grant any :implied" powers to the federal government. The authority delegated to the federal government is narrow and explicit, according to Article 10, all powers not expressly provided by the Constitution is reserved exclusively to the States or to the People.
All powers not expressly given to the federal government in the Constitution rest with either the?
states
