Which powers are given directly to the people or the states?
Reserved powers. Under the Tenth Amendment, powers not delegated to the federal government nor prohibited to the states are reserved to the states or to the people. Examples include education, marriage laws, and local elections.
The answer
The powers given directly to the people or the states are called reserved powers. The Tenth Amendment to the U.S. Constitution states that any power not delegated to the federal government, and not prohibited to the states, is reserved to the states respectively, or to the people.
If you are answering a multiple-choice question, the correct term is reserved powers, not delegated, enumerated, implied, or concurrent powers.
Why "reserved powers" is correct
The U.S. Constitution creates a system of federalism, dividing authority between the national government and the states. To understand where reserved powers fit, it helps to see all three categories:
- Delegated (enumerated/expressed) powers belong to the federal government, listed in the Constitution, such as coining money, declaring war, raising an army, and regulating interstate commerce.
- Reserved powers belong to the states or the people, everything not handed to the federal government. Examples: running public schools, issuing marriage and driver's licenses, setting up local governments, conducting elections, and establishing police and fire departments.
- Concurrent powers are shared by both levels, such as taxing, building roads, borrowing money, and establishing courts.
The Tenth Amendment is the constitutional "catch-all" that assigns leftover authority downward to the states and the people. That is why the answer to "which powers go directly to the people or the states" is reserved powers.
Ruling out the distractors
- Delegated/enumerated powers are the opposite, they are specifically given to the federal government, so they cannot be the answer.
- Implied powers are also federal; they come from the "Necessary and Proper" (Elastic) Clause and let Congress stretch its enumerated powers. Not state powers.
- Concurrent powers are shared, not given directly and exclusively to the states or people, so they do not match a question asking specifically about state/people powers.
The phrase "or the people" in the question is a strong clue, that exact wording comes straight from the Tenth Amendment's text.
The bigger picture
Reserved powers are the reason states differ so much on issues like education standards, marriage rules, speed limits, and voting procedures, these were left to the states rather than dictated nationally. Delegated powers keep national concerns (war, currency, interstate trade) uniform, while concurrent powers like taxation let both levels fund themselves. Understanding this split is central to nearly every U.S. government and civics exam, and the Tenth Amendment is the single sentence that anchors it. When a question specifically says "the states or the people," it is quoting the Tenth Amendment and pointing you at reserved powers.
| Delegated (enumerated) | Federal government only | Declare war, coin money, regulate interstate commerce, run the postal service |
| Reserved | States or the people | Public schools, marriage and driver licenses, local elections, police and fire |
| Concurrent | Both federal and state | Levy taxes, build roads, borrow money, establish courts |
Frequently asked
What amendment gives powers to the states or people?
The Tenth Amendment. It states that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states respectively, or to the people. It is the constitutional basis for reserved powers.
What are examples of reserved powers?
Reserved powers include running public schools, issuing marriage and driver's licenses, conducting elections, setting up local governments, and maintaining police and fire departments. These are handled by the states because the Constitution did not give them to the federal government.
What is the difference between reserved and concurrent powers?
Reserved powers belong only to the states or the people, while concurrent powers are shared by both the federal and state governments. Taxing and building roads are concurrent; running schools and local elections are reserved to the states.
What are delegated (enumerated) powers?
Delegated or enumerated powers are those the Constitution specifically grants to the federal government, such as declaring war, coining money, maintaining armed forces, and regulating interstate commerce. They are the opposite of reserved powers, which stay with the states or people.