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The new government created by the U.S. Constitution reflected a series of compromises made by the convention delegates on various issues. Some delegates wanted sovereign power to remain with the states. Others wanted the national government alone to exercise sovereign power. The end result was a compromise—a federal form of government in which the national government and the states share sovereign power.

Federal Powers

The Constitution sets forth specific powers that can be exercised by the national (federal) government. It further provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers (or enumerated powers). All other powers are expressly “reserved” to the states under the Tenth Amendment to the U.S. Constitution.

Regulatory Powers of the States

As part of their inherent sovereignty (power to govern themselves), state governments have the authority to regulate certain affairs within their borders. As mentioned, this authority stems, in part, from the Tenth Amendment, which reserves all powers not delegated to the national government to the states or to the people.

State regulatory powers are often referred to as police powers. The term encompasses more than just the enforcement of criminal laws. Police powers also give state governments broad rights to regulate private activities to protect or promote the public order, health, safety, morals, and general welfare. Fire and building codes, antidiscrimination laws, parking regulations, zoning restrictions, licensing requirements, and thousands of other state statutes have been enacted pursuant to states’ police powers. Local governments, such as cities, also exercise police powers. Generally, state laws enacted pursuant to a state’s police powers carry a strong presumption of validity.