Classifying a Power

A governmental power is classified by asking, in order, whether the Constitution grants it to the national government, denies it to anyone, or leaves it unmentioned.

Take three powers: declaring war, running schools, taxing. Step one — search the text for a grant: declaring war appears in Article I, Section 8; the power is enumerated. Step two — check the denials: Article I, Sections 9 and 10, and several amendments restrict both levels; a power denied there is off the table for the level named. Step three — if the text grants a power to the national government and the states also exercise it lawfully, the power is concurrent: taxing appears in Article I, yet every state taxes. Step four — if the text neither grants the power to the national government nor denies it to the states, the Tenth Amendment reserves it: running schools appears nowhere in the document, so education is reserved. Record each verdict with its citation, per Gov 038.