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Difficulty: EasyConstitutional Allocations of Power and Federalism

A state government passes a statute requiring all practicing attorneys in the state to pass a state-administered ethics exam to maintain their professional licenses. Which of the following constitutional concepts best explains the state's authority to regulate this profession?

  1. Reserved powersAnswer
  2. B
    Implied powers
  3. C
    Enumerated powers
  4. D
    Separation of powers

Answer

Reserved powers
The power to regulate professional licensing, such as for lawyers, is not delegated to the federal government by the Constitution, nor is it prohibited to the states. Therefore, under the Tenth Amendment, this authority is reserved to the states.

Step-by-Step Solution

1
Analyze the scenario to identify the actor and the action being taken.
A state government is regulating professional licensing for attorneys within its borders.
Understanding who is acting helps determine which level of government's constitutional powers are in question.
2
Recall the constitutional classification of powers between the federal and state governments.
Powers not delegated to the federal government nor prohibited to the states are held by the states under the Tenth Amendment.
This helps locate the specific constitutional source of the state's authority.
3
Match the state regulation of a local profession with the correct category of power.
Professional licensing is a classic example of a reserved power, as the Constitution does not delegate this power to the federal government.
This confirms that 'reserved powers' is the correct description of the state's authority.

Key Concept

Reserved powers under the Tenth Amendment and the division of power in U.S. federalism.
Estimated Time:45s
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Topics

Constitutional Allocations of Power and Federalism

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