Bar Exam Practice Questions

Which term describes powers not specifically listed in the Constitution and reserved for states?

1. Enumerated powers

2. Reserved powers

3. Implied powers

4. Concurrent powers

The correct answer is: Reserved powers

The term that describes powers not specifically listed in the Constitution and reserved for states is "reserved powers." This concept stems from the Tenth Amendment, which states that powers not delegated to the federal government are reserved for the states. It emphasizes the principle of federalism established by the Constitution, ensuring that states maintain sovereignty in areas not exclusively granted to the federal government. Enumerated powers refer specifically to those powers that are expressly defined in the Constitution, primarily within Article I, Section 8. Implied powers are those powers that, while not explicitly stated, are necessary to implement the enumerated powers, based on the Necessary and Proper Clause. Concurrent powers are those shared by both state and federal governments, such as the power to tax or to establish courts. Thus, reserved powers are unique to the states, reflecting their authority in areas not directly addressed by the federal framework.