It is apparent from what has been said that the general powers of government are vested in the departments of the state government, while the departments of the federal government have only such powers as are given to them under the federal constitution. It may therefore properly be said that the state government has all the governmental power not denied to it by the state constitution, so far as not inconsistent with the powers given to the general government by the federal constitution ; while the federal government, on the other hand, is one of enumerated powers. In other words, the state government is a government of general powers, while the powers of the federal government are limited in their scope. It would perhaps be more logical, however, to say that neither state nor federal government has any powers save those granted; and that the grant of power to the state government is in terms general, while the grant to the federal government is in terms specific. For instance, state constitutions do not usually in specific terms give to any department of the state government the power to impose taxes; but the creation of a legislative department under the terms of a state constitution implies the power to impose taxes, subject only to limitations which may be expressed, while, on the other hand, the power to impose taxes for federal purposes is specified in the federal constitution, and does not exist as a general power, conferred apart from such specification. Another illustration may be found in the power to provide for the punishment of crimes. This power is incident to the general power given to the legislative department of a state government, and need not be conferred through the state constitution in terms. The legislative department of the federal government, however, has such power only as the result of specific grant, or by way of incident to or implication from other powers which are granted. Thus, the power to punish counterfeiting and to define and punish piracy and felony on the high seas are specifically given to Congress ; but as incidental to the power to legislate with reference to territory ceded by the states to the United States, as provided in the federal constitution, for the seat of government, or for forts and arsenals, Congress may provide a complete criminal code; and it may likewise provide for the punishment of certain crimes as incident to the exercise of other powers conferred, such as the power to collect duties on imports, or establish post offices and post roads. (See below, § 52.)

Many state constitutions include clauses either expressly reserving to the people the ultimate sovereignty, and all powers not granted by the constitution to the government, or expressly limiting the departments of government to the exercise of the powers conferred. But as the people cannot exercise under a constitution any powers of government not provided for in the constitution (see above, §§ 4, 6) it is difficult to give any specific effect to such reservations or limitations, save as they may be construed to indicate that unlimited power is not conferred upon any department of government. The provision of the federal constitution (Amend. IX.) that "The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people " is a mere general reservation of the same character as those often found in state constitutions; but the further provision (Amend. X.) that "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people " was evidently intended to emphasize and make plain the general principle that the federal government is one of enumerated powers.