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.
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In American political discourse, states rights refers to political powers reserved for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment (Wikipedia.com) DN216 FTW
Expressed powers are those powers directly stated in the Constitution. Most of those powers are found in the first three articles of the Constitution. Examples are the power to levy and collect taxes, to coin money, to declare war, and to regulate commerce among the states. Expressed powers are also known as enumerated (listed) powers.
First, States Rights is not a theory, it is within the Constitution. Since the Constitution primarily limited Federal Government powers, all things not specifically granted to Congress fell into the purview of the States. The South also argued that the United States had been formed as a voluntary federation, and that any state was free to leave the USA at any time. The Federal Government at the time had made several laws and tariffs that seemed to serve only to the Northern States advantage. This, with the South's feeling that the Federal Government was over-reaching its legal powers, led to the South deciding that the Government was no longer valid. They formed their own country and their own Constitution based heavily on the US Constitution, though it had more constraints on Federal law. The same concerns about Federal over-reach are in the news currently.
The states were in existence before the federal government, and in fact had to ratify the Constitution before it could take effect. Since the states were all essentially sovereign, independent nations, the Founding Fathers could not have done anything without their agreement. In order to get them to accept the Constitution, the state governments of course had to share power with a limited federal government; otherwise they would never have ratified the Constitution, and the United States would not exist.
The United States Constitution spells out a number of powers that belong to the Federal government. It also specifies that any powers not given to the Federal government are reserved for the states.
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.
Reserves
Reserves
There are many powers not given to the Federal government in the Constitution. Specifically it states that any power not specifically granted to the government will be reserved for the States (interpreted as for the people).
Reserves
U.S. Constitution
The Tenth Amendment to the US Constitution 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."
The US Constitution provides for the powers of the states in the federal system in Article 4, Sections 1 through 4 of the document. Article 10 of the Constitution allows for states to have powers not given to the federal government as well.
The states demanded that the powers of the federal government be limited go into the Constitution. The Bill of Rights limits these powers.
Any of the rights that are not already reserved by the constitution for the federal government.
Reserved powers are the powers given to a state. According to the Constitution, the authority to execute these powers lie within the states and not the federal government.