speed limits and drinking ages fall under the police powers of state government, yet the national government has established maximum speed limits and uniform drinking ages. how is it possible for the national government to encroach on the reserved powers of the states?

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21-11-2022
Social Studies

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speed limits and drinking ages fall under the police powers of state government, yet the national government has established maximum speed limits and uniform drinking ages. how is it possible for the national government to encroach on the reserved powers of the states?

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Tundexi Tundexi · Answer 1 · 2022-11-22T19:41:45+01:00

The national government can encroach on the reserved powers of the states through influencing of Congress to pass a legislation, which the state government must enforce.

What are reserved powers?

Basically, a reserved powers is also known as a residual powers or residuary powers, which are the powers that are neither prohibited nor explicitly given by law to any organ of government. Such powers are given because it is impractical to detail in legislation every act allowed to be carried out by the state.

In the U.S., the 10th Amendment of the Constitution states that any power not explicitly granted to the federal government lies solely in the states. Since the World War II, the Supreme Court has always ruled against cases challenging the powers of Congress with an exceptions during the Rehnquist Court. In effect, the Supreme Court has now decided that Congress has the power to determine the scope of its own authority.