Exclusive federal powers

Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising. 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 with concurrent powers, which are shared by both the federal government and each constituent political unit. They are also contrasted with powers belonging exclusively to each constituent political unit, sometimes called states' rights.

According to U.S. law, reserved powers (i.e. states' rights) belong exclusively to each state. They are distinct from the enumerated powers that are listed in the Constitution of the United States, which include both concurrent powers and exclusive federal powers.

In Federalist No. 32, Alexander Hamilton described three distinct types of exclusive federal powers:

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.

Hamilton proceeded to give examples of all three types.

Likewise, under Brazillian and Nigerian laws, the States have all powers not reserved to the Federal governments.

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