A New Jersey Statute requires all localities to adopt a building code. This power is best described as which type of power?

A New Jersey Statute requires all localities to adopt a building code. This power is best described as which type of power?

• A. Expressed power
• B. Implied power
• C. Reserved power
• D. Concurrent power

Answer: (A)

The state statute clearly delegates authority to localities by explicitly requiring them to adopt a building code. That direct, stated grant of power fits the idea of an expressed power—authority that is clearly given in law rather than inferred. It isn’t about powers the state owns by virtue of its own police power (reserved) or about powers that are merely implied by other authority (implied), and it isn’t a sharing of powers with the federal government (concurrent). So the best description is an expressed power.

The state statute clearly delegates authority to localities by explicitly requiring them to adopt a building code. That direct, stated grant of power fits the idea of an expressed power—authority that is clearly given in law rather than inferred. It isn’t about powers the state owns by virtue of its own police power (reserved) or about powers that are merely implied by other authority (implied), and it isn’t a sharing of powers with the federal government (concurrent). So the best description is an expressed power.