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What are the Denied Powers?

Published in Constitutional Powers 3 mins read

Denied powers are specific prohibitions outlined in the United States Constitution, detailing actions that neither the federal government nor the state governments are permitted to undertake. These limitations are crucial for maintaining the balance of power, protecting individual liberties, and ensuring the uniformity of certain governmental functions across the nation.

Understanding Denied Powers

The U.S. Constitution establishes a system of federalism, distributing authority between a national government and state governments. To prevent abuses of power and maintain order, it explicitly lists powers that are denied to either or both levels of government. These prohibitions serve as critical checks on governmental authority.

One significant category of denied powers restricts the actions of state governments. These limitations are primarily found in Article I, Section 10 of the U.S. Constitution, preventing states from infringing on federal prerogatives or creating disunity among the states.

Powers Denied to States

The Constitution places specific restrictions on states to ensure a cohesive national policy and prevent conflicts that could undermine the federal system. These denied powers include:

  • Foreign Relations: States are prohibited from engaging in international diplomacy. This means no state can enter into any treaty, alliance, or confederation with foreign nations or other states. This ensures that the federal government maintains exclusive control over foreign policy and national defense.
  • Monetary Authority: States cannot create their own currency or financial instruments. This includes the prohibition to:
    • Coin money: Only the federal government has the power to mint coins.
    • Emit bills of credit: States cannot issue paper money or other forms of credit. This prevents chaotic and potentially devaluing state-specific currencies, ensuring a stable national monetary system.
  • Legal Tender: States are forbidden from declaring anything other than gold and silver coin as a valid form of payment for debts. This provision, established in an era when precious metals were the primary basis of currency, reinforces the federal government's authority over national currency and prevents states from manipulating the value of money within their borders.

The table below summarizes these key prohibitions on state powers as outlined in the U.S. Constitution:

Category of Denied Power Description of Prohibition Constitutional Basis
Foreign Relations States cannot enter into any treaty, alliance, or confederation. Article I, Section 10
Monetary Authority States are prohibited from coining money or emitting bills of credit (paper currency). Article I, Section 10
Legal Tender States cannot make anything but gold and silver coin a tender in payment of debts. Article I, Section 10

These denied powers are fundamental to the structure of American federalism, ensuring that states operate within a national framework and do not undermine the stability or authority of the federal government. For a comprehensive understanding, one can refer to the full text of the United States Constitution.