The framers sought to create a system of government in which power was fragmented and divided not only between different institutions but also between different levels of government, all in hopes that it would result in limited government. It makes sense, then, that the framers took the time to outline specific restrictions on federal and state authority (i.e., powers denied). In other words, there are specific things that the federal government and/or state governments are not allowed to do.
Most of the restrictions on government authority within the U.S. Constitution can be found in Article I, Sections 9 and 10, the Bill of Rights, and the 14th Amendment.
Some of the powers denied to the federal and state governments are listed below (NOTE: states may further limit the power and authority of their respective state governments in state constitutions).
Powers Denied of Federal Government
- Tax state exports
- Change state boundaries
- Violate the bill of rights
- Suspending writ of habeas corpus
- Enacting bills of attainder and ex post facto laws
Powers Denied of State Governments
- Tax imports and exports
- Coin money
- Enter into treaties
- Impair obligation of contracts
- Abridge the privileges or immunities of citizens or deny due process and equal protection of the laws