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Exclusive federal powers are powers within afederal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.[1] That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of the federal government.
These powers are contrasted withconcurrent powers, which are shared by both the federal government and each constituent political unit.[1]
All federations include aneconomic and monetary union. This gives the federal government exclusive authority to imposeborder controls, regulate certain categories ofinterstate trade (particularlynatural monopolies andcommon carriers), and to establish a unifiedcurrency andmonetary policy.
Federal constitutions also typically grant the federal governmentsuzerainty over the states in matters ofdefense,diplomacy, andtreaty-making. Additionally, since federations are grounded in the principle of mutualnon-aggression andcollective security, states may not use force or other sanctions against each other when engaged in disputes. However, the federal government can exercise these rights against individual member states through constitutional mechanisms such asdirect rule orfederal executions.
States are also usually prohibited from making unilateral territorial changes that would affect the rest of the federation. Thus, only the federal government has the authority topartition member states andannex or admit new states or territories. Someterritories anddistricts (especiallycapitals,indigenous lands, andfrontier orborder regions) might be placed under direct federal administration.
According to U.S. law,reserved powers (i.e. states' rights) belong exclusively to each state. They are distinct from theenumerated powers that are listed in theConstitution of the United States, which include both concurrent powers and exclusive federal powers.
InFederalist No. 32,Alexander Hamilton described three distinct types of exclusive federal powers:[2]
This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: [i] where the Constitution in express terms granted an exclusive authority to the Union; [ii] where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and [iii] where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.