Exclusive Powers | Definition & Examples
Table of Contents
- Exclusive Powers Definition
- Federalism Definition
- Exclusive Powers Examples
- Concurrent Powers Examples
- Lesson Summary
- FAQs
- Activities
Exclusive Powers Critical Review
In this activity, students will conduct a review of each constitutional exclusive power and consider how that power relates to the current state of the country.
Materials
- Access to research materials such as:
- A library
- The internet
Instructions
- Take a few minutes to review each of the rights granted to the national government by the Constitution.
- Now, pretend you have been hired by the federal government to conduct a review and analysis of the exclusive powers to determine their appropriateness in today's political environment.
- Remember, the Constitution of the United States was written a long time ago and sometimes things change so much in a society that old rights/laws become obsolete or even wrong (like the laws related to segregation).
- For each right listed in the lesson,
- Summarize the power.
- Determine whether it should still be an exclusive power, changed to a reserved power, or removed from governmental powers completely.
- Support your opinion with evidence and facts (conduct research to find information to support your opinion).
- Finally, consider what topics impact our society today that are not covered by these original exclusive powers.
- Add any additional exclusive powers you think appropriate for a national government to control.
- For example, should the right to control the internet be an exclusive power?
Group Extension (if desired)
- If you are working in groups, discuss your additional exclusive powers.
- Do you all agree on additional exclusive powers related to today's political environment?
What are the three types of exclusive powers?
Exclusive powers are categorized based on how they are granted. They can be grouped as delegated, implied, or inherent. Delegated powers are those explicitly granted to the federal government and are enshrined in express terms by the Constitution. Implied powers are open to interpretation by the legal system and can be inferred from relevant clauses within the Constitution. Finally, inherent powers are not enshrined in the Constitution, but grow out of the continued existence of the first two powers.
What are some examples of exclusive powers?
There are various examples of exclusive powers conferred to either the federal or state governments. At the federal level, some exclusive powers include the power to mint the national currency and determine federal monetary policy, protect the nation's territorial sovereignty through the military, and manage the nation's postal system. For the states, state governments reserve the powers to conduct and validate elections, regulate internal trade and commerce, and form or structure their local governments.
What are exclusive powers in government?
Exclusive powers in government refer to the legal controls that can be exercised by only one form of government in a case whereby there is more than one government within the same territory. For example, in the U.S. federal system, different exclusive powers are reserved for either the federal government or the state governments. This means that neither government can exercise jurisdiction over the other on a particular legal issue if the other party wields exclusive power over it.
What does exclusive power mean?
Exclusive power is the legal right reserved by one party to control a particular matter without interference from a different party within the same jurisdiction. For example, if Party A has the exclusive power to control something, Party B cannot interfere with Party A's actions even if they affect Party B.
Table of Contents
- Exclusive Powers Definition
- Federalism Definition
- Exclusive Powers Examples
- Concurrent Powers Examples
- Lesson Summary
The exclusive powers definition states that these are powers wielded by either the federal or state governments. Exclusive powers cannot be used concurrently by either government. Taking the example of the United States, exclusive powers are limited to either the federal government or the states that form the Union.
So, what are exclusive powers? For power to be deemed exclusive, it should meet two criteria. The first criterion is that the power is enshrined in the United States Constitution and did not exist before the formation of the Union. Such power is purely a federal power. The second criterion is that various constitutional provisions enable the power to have a legal effect and operation within and beyond a particular state if adopted by the state. Such power is confined to the respective states and is known as state power.
Exclusive Control Definition
The exclusive control definition asserts that when the Constitution grants exclusive powers to either the federal or state governments, the recipient acquires exclusive control over a specific legal jurisdiction. This type of control means that either party acquires total control over particular legality regardless of the other party's actions seeking to interfere with the issue.
Exclusive federal control guarantees absolute control over some issues to the federal government, while exclusive state control guarantees legal supremacy to the state government or governments.
Exclusive controls differ from country to country, even where federal systems exist. For instance, though the government in Canada is split between federal and provincial, the Paramountcy Doctrine grants federal supremacy on exclusive controls in instances whereby provincial law contradicts federal law when regulating similar matters. As a result, provincial governments in Canada do not exercise "pure" exclusive control. Furthermore, even though Article VI of the United States Constitution outlines a similar Supremacy Clause, it categorically outlines that the Constitution, not federal law, should reign supreme in any case.
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Federalism is one of the numerous systems of government that include anarchies, confederations, and unitary states. Two sets of relatively autonomous governments administer a country or territory in federalism. The larger, national, or federal government is responsible for administering the whole territory and regulating broader matters of national concern. In contrast, the smaller states or local governments administer more minor distinctions within the larger territory. These local governments exercise a significant level of sovereignty from the overarching government, particularly on local matters, provided they do not contradict federal law or the Constitution of the land.
Concurrent Powers vs. Exclusive Powers
Unlike exclusive powers, concurrent powers can be exercised by both the federal and state governments. Concurrent powers also meet two criteria:
- Based on the nature of law, when Congress legislates, it sets irrefutable standards for the state legislature to legislate further.
- Based on the nature of the law, when Congress legislates, it sets minimum standards that the states may legislate on further.
Based on the above criteria, note that exclusive powers are strictly limited to a particular government while concurrent powers are exercised in tandem by both governments.
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There are numerous exclusive powers examples reserved for either the state governments or the federal government in the U.S.A.
Exclusive Powers of the State Government
Exclusive powers of the state government are available for all 50 members of the U.S.A, due to the doctrine of dual sovereignty. These are powers that belong strictly to the states, and they include:
- The power to conduct and ratify federal and state elections. The Electoral College awarding system for presidential elections, in particular, is determined by the state legislatures. States like Nebraska and Maine employ a proportional awarding system, while most states employ a winner-takes-all awarding system.
- The power to establish local governments. Besides electoral powers, individual states have the exclusive power to conduct state gubernatorial elections every two to four years, with the winning party reserving the right to form the next local executive government. Furthermore, states are free to structure their state legislatures, with outliers such as Nebraska having a single state legislature instead of the standard bicameral structure.
- The power to regulate intrastate commerce. Every state reserves the right to control business conduct within its jurisdiction. For instance, small business permits cost as little as $0 in Texas and $100 in California.
Exclusive Powers of the Federal Government
The overarching federal government reserves various exclusive powers and controls as well, including:
- The power to mint currency and implement monetary policy. Through the Federal Reserve, only the federal government is legally capable of minting the U.S. dollar and setting federal interest rates.
- The power to protect territorial sovereignty. The federal government maintains the sole power to maintain the U.S. Army, Navy, and Air Force. Furthermore, the President of the Union (with the consent of the U.S. Congress) is the only party capable of declaring war on an external or internal aggressor.
- The power to regulate immigration and naturalization policies. Regardless of a state's political views on immigration, only the federal government can determine the rules for allowing immigration and naturalizing foreigners and asylum seekers within U.S. borders.
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The U.S. federal and state governments share many concurrent powers, including:
- The power to levy taxes: For instance, in addition to the 21% federal corporate income tax rate, various states have the power to levy additional state C income taxes. Rates vary, with Texas levying a 0% rate and California levying 8.84%.
- The power of eminent domain: The state and federal governments reserve the right to conduct compulsory land acquisitions from private entities and convert them into public lands. For instance, private lands are expropriated and demarcated as catchment areas or forest reserves and parks.
- The power to establish courts: Although the federal Supreme Court has an ultimate say on constitutional matters, states have the legal flexibility to establish state courts and intermediate Courts of Appeal. State courts make final rulings on state laws but may refer matters involving the interpretation of federal law or the U.S. Constitution to the Supreme Court.
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Exclusive powers definition talks of the powers that a federal or state government may hold. Powers can be exclusive to either level of government. When they are administered solely by the federal government, they are exclusive powers. On the other hand, reserved powers are exclusive state control, when only the state governments can wield these powers. Exclusive federal controls are essential because they help unify the nation on certain sensitive matters such as international and interstate trade. Similarly, states do not have the mandate to deport a person, as this is a task for the federal government. Other federal exclusive rights include regulating immigration, declaring war, minting money, and creating a postal service. In addition, these federal controls ensure no internal confusion when these legal issues come to the fore within various states.
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Video Transcript
Definition of Exclusive Powers
In life, there are some things that adults can do that kids cannot. Drink alcoholic beverages, for example. But likewise, there are some things that only kids can do and adults cannot, like take whole summers off and jump around in a bouncy castle. All fun aside, this is a good analogy to the way in which the American government system works. There are certain powers that only the state governments have (reserved powers), and there are certain powers that only the national government has (exclusive powers).
The Constitution of the United States spells out the exclusive powers of the federal government. These are powers that only the federal government can exercise and not the states. These powers include:
- The right to levy tariffs on imports and exports
- The right to regulate trade between the United States and other countries and the trade between states
- The right to coin money
- The right to maintain armed forces
- The right to declare war
- The right to establish and maintain the postal system
- The right to establish federal courts
- The right to control immigration processes
Right to Levy Tariffs on Imports & Exports
First, let's talk about levying tariffs on imports and exports.
An import is a good made in a different country and brought into our country. According to the Constitution, the federal government has the sole responsibility of taxing these goods. It makes sense for this power to be exclusive to the federal government. After all, how could we trade with other countries if the tax on Chiquita bananas from Central America was 20 cents in Florida, but 40 cents in Minnesota? Confusion would most definitely result.
So, the Framers of the Constitution did us a favor and clearly specified that this was an exclusive right of the national government. A state government, however, can charge a tax to cover the inspection of incoming goods, but that is the only thing that they can really tax.
Right to Regulate International & Interstate Commerce
One very important right of the national government is the right to regulate international and interstate commerce. It's very important that international commerce be controlled by the national government and not states. For one, states could undermine international foreign policy. Take the example of Cuba. When the United States had a trade embargo against Cuba, that meant that we didn't do any business with Cuba. How would we look if one of our states, Louisiana, for instance, just tried to ignore that law and traded with Cuba anyway? That would undermine the federal government.
Another responsibility is the right to regulate interstate commerce. This clause was put into the Constitution to avoid conflicts between states that might threaten the union. How would the country look if a state like California was charging more for its grapes to some states than others? The country could break out into chaos. For this reason, the Founders knew that the federal government had to control interstate commerce.
Right to Coin Money
The federal government also has the exclusive power to coin money. Can you imagine going from Illinois to Missouri and having to change your money the way you do when you go to another country? The Framers of the Constitution knew that if the new country was to work, they would have to create a uniform coin system. For this reason, they gave the federal government the exclusive right to coin money.
Right to Declare War & Maintain Armed Forces
Another exclusive power is the right to declare war and maintain armed forces. What if Alaskans don't like the way that Canadian fishermen are fishing in international waters? Could Alaska declare war on Canada? I know this sounds silly, but this is why the exclusive power to declare war lies with the national government. International relations, thus, lie exclusively within the domain of the federal government.
Likewise, the army is strictly under the control of the federal government and specifically the president. States cannot build their own armies, but they can maintain their own militias, more commonly known today as national guards. The National Guard, however, is still ultimately controlled by the president, as he can call them up in times of war.
Right to Establish a Postal System
The right to establish a postal system is another of the federal government's exclusive powers.
Several people think that in this day and age of electronic mail, there is no need for an archaic postal system. What these people don't realize is that the postal service is actually mandated in the Constitution. Congress has to create some system to allow for the communication among the different states. Besides, the postal service today is entirely paid based on postage, so there is no government taxes supporting it. After all, what would Christmas be like without the annual wait in line at the post office?
You may wonder, then, if this is an exclusive power of the federal government, why are there all these different postal carriers? The answer is that companies like FedEx and UPS are private carriers, which, of course, are in no way barred by the Constitution.
Right To Establish Courts & Control Immigration Processes
The federal government also has the exclusive right to establish lower federal judicial courts. Thus, the federal judicial system is entirely separate from the state system, and each doesn't interfere with the other. The federal courts can overturn a state ruling if it somehow violates the Constitution.
Finally, the federal government has the exclusive power to control the immigration process. Recently, several border states have created task forces seeking to increase security along the border to prevent undocumented immigrants from arriving. However, they are overreaching the bounds of their jurisdiction because regulating immigration is a power exclusive to the federal government. Although these states contend that the federal government is not doing enough to regulate immigration into the country, the reality is that the federal government is the only entity that can do so.
Lesson Summary
There are certain powers that only the state governments have (reserved powers), and there are certain powers that only the national government has (exclusive powers). The Constitution of the United States spells out the exclusive powers of the federal government.
These are powers that only the federal government can exercise and not the states. These powers include:
- The right to levy tariffs on imports and exports
- The right to regulate trade between the United States and other countries and the trade between states
- The right to coin money
- The right to maintain armed forces
- The right to declare war
- The right to establish and maintain the postal system
- The right to establish federal courts
- The right to control immigration processes
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