Malcolm Rivera
The Tenth Amendment to the United States Constitution, which forms part of the Bill of Rights, was ratified on December 15, 1791. The Amendment expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement. It prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states are reserved for the states or the people. The Tenth Amendment has been invoked in several Supreme Court decisions, often to determine whether the federal government has overstepped its authority.
| Characteristics | Values |
|---|---|
| Date of Ratification | December 15, 1791 |
| Purpose | Reaffirm the principles of federalism and reinforce the notion of the federal government maintaining only limited, enumerated powers |
| Powers | The federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people |
| Prohibitions | The federal government is prohibited from forcing states to pass or not pass certain legislation, or to enforce federal law |
| Citizenship | All persons born or naturalized in the United States and subject to its jurisdiction are citizens and are entitled to equal protection under the law |
| Rights | Citizens have the right to life, liberty, property, and due process of law |
| Representation | Representatives shall be apportioned among the states according to their respective numbers, excluding untaxed Indians |
| Qualifications for Office | No person who has engaged in insurrection or rebellion against the United States shall hold office unless Congress removes this disability by a two-thirds vote of each House |
| Public Debt | The validity of the public debt of the United States shall not be questioned, but neither shall the United States assume or pay any debt incurred in aid of insurrection or rebellion |
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What You'll Learn
The Tenth Amendment and federalism
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement.
The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution. All other powers not forbidden to the states by the Constitution are reserved for each state or the people. The amendment clarifies that the federal government is largely limited and enumerated.
The Tenth Amendment is similar to Article II of the Articles of Confederation, which states that each state retains its sovereignty, freedom, and independence. It also retains every power, jurisdiction, and right that is not expressly delegated to the United States. The Tenth Amendment was proposed to ensure there was no ambiguity concerning differences in state or federal power.
The Tenth Amendment has been interpreted in various ways over the years, with some legal scholars classifying it as a tautology or a statement affirming that the federal government does not have any rights that it does not have. The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government operated within or exceeded its authority. For example, in 1958's Cooper v. Aaron, the court determined that Arkansas could not delay school desegregation as it violated the Constitution.
The Tenth Amendment has been used to both expand and contract the authority of the federal government and has been part of the core debate between federal and state power.
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State sovereignty and political isolation
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, is a crucial aspect of federalism, outlining the shared power dynamic between the federal government and individual states. This amendment explicitly states that the federal government's powers are limited to those delegated by the Constitution, with all other powers not prohibited by the Constitution being reserved for the states or the people. The Tenth Amendment reinforces the notion of state sovereignty and limits the federal government's authority to only enumerated powers.
State sovereignty, a fundamental concept in political theory, refers to the supreme authority and independence of a state within its territorial boundaries. It entails hierarchy within the state and external autonomy in its interactions with other states. In the context of international law, sovereignty signifies the exercise of power by a state, with "de jure" sovereignty representing the legal right to rule, and "de facto" sovereignty indicating the factual ability to govern. The United Nations Charter and other foundational documents recognise the juridical equality of all states, affirming their right to determine their political status and exercise sovereignty within their territories.
The Tenth Amendment serves as a safeguard against federal overreach, ensuring that states retain significant autonomy in decision-making. It provides a framework for the distribution of powers between the federal government and the states, allowing states to have a say in policy-making and governance. By limiting the federal government to its enumerated powers, the amendment prevents it from encroaching on areas under state jurisdiction. This balance of power is essential to maintaining the independence and self-sufficiency of individual states within the United States.
However, the interpretation and application of the Tenth Amendment have been subject to debate and legal challenges. Supreme Court decisions, such as Cooper v. Aaron in 1958, have invoked the Tenth Amendment to address issues of federal authority and civil liberties. The amendment has been used to challenge federal laws that were deemed to exceed the scope of the Constitution, such as in the case of Alfonso D. Lopez, Jr., who contested the establishment of "gun-free zones" on public school campuses.
While state sovereignty is a foundational principle in the United States political system, it is not absolute. The complex interplay between state and federal powers has led to ongoing discussions and legal rulings that define the boundaries of state sovereignty. The Tenth Amendment does not imply a right to secession or total independence from federal authority, but rather a balance between shared powers and state autonomy.
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Ratification and Anti-Federalists
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. The amendment expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement. The amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution.
The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved for each state or the people. The amendment was considered a prerequisite by many members before they would ratify the Constitution, particularly to satisfy the demands of the Anti-Federalists, who opposed the creation of a stronger federal government.
The Anti-Federalists were those who opposed the ratification of the Constitution. They included small farmers and landowners, shopkeepers, and labourers. In national politics, they favoured strong state governments, a weak central government, the direct election of government officials, short term limits for officeholders, accountability by officeholders to popular majorities, and the strengthening of individual liberties.
The Anti-Federalists failed to prevent the adoption of the Constitution, but their efforts were not entirely in vain. The Bill of Rights, comprising 10 constitutional amendments, was added in 1791 to gain the support of the Anti-Federalists. The Federalists promised to add a bill of rights if the Anti-Federalists would vote for the Constitution. The Bill of Rights secures the basic rights and privileges of American citizens, including the right to free speech, the right to a speedy trial, the right to due process under the law, and protections against cruel and unusual punishments.
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Unenumerated powers and rights
The Tenth Amendment to the United States Constitution, which came into effect on December 15, 1791, is a crucial component of the Bill of Rights. This amendment upholds the principles of federalism, delineating the shared power dynamics between the federal government and individual states. It explicitly states that the federal government's powers are confined to those delegated to it by the Constitution. Consequently, any powers not expressly prohibited by the Constitution are reserved for the states or the people.
The Tenth Amendment serves to clarify the limited and enumerated powers of the federal government. It underscores that government decisions should be scrutinized for potential overreach rather than as infringements on civil liberties. This amendment has been invoked in several Supreme Court cases to determine whether the federal government has acted within the scope of its authority.
While the Tenth Amendment addresses the distribution of powers, the concept of unenumerated rights is also significant. Unenumerated rights are legal rights that are not explicitly stated in law but are inferred from existing laws and implied by the structure and textual form of the Constitution. These rights may be referred to as implied rights, natural rights, background rights, or fundamental rights. They can be found in state constitutions and may include rights such as the right to earn a living, the right to establish a home, and the right to refuse medical treatment.
The Ninth Amendment to the U.S. Constitution explicitly protects against federal infringement of these unenumerated rights. It asserts that the enumeration of certain rights in the Constitution does not diminish or deny other rights retained by the people. Similarly, the Fourteenth Amendment has been interpreted to safeguard against state infringement of certain unenumerated rights, such as the right to send children to private school and the right to marital privacy.
The Supreme Court has recognized the importance of unenumerated rights, including the right to travel, the right to vote, and the right to keep personal matters private. These rights are not explicitly stated in the Constitution but are derived from its interpretation and general principles. Scholars and courts have historically viewed unenumerated powers and rights with skepticism, considering them constitutionally dubious. However, recent scholarship has challenged this presumption, and the discovery of certain "silent" powers, such as the power to charter corporations, has added complexity to the debate.
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State laws and citizen privileges
The Tenth Amendment to the United States Constitution, which came into effect on December 15, 1791, is a crucial component of the Bill of Rights. This amendment upholds the concept of federalism, which entails a power-sharing agreement between the federal government and the individual states.
The Tenth Amendment explicitly states that the federal government only possesses the powers specifically granted to it by the Constitution. Any powers not expressly delegated to the federal government, nor prohibited by the Constitution to the states, are reserved for the states or the people. This amendment was designed to address concerns about the concentration of power in the federal government and to ensure that states retained significant autonomy.
The amendment has been interpreted as a limitation on the federal government's powers, with any government decision viewed more as a potential overreach of authority rather than an infringement of civil liberties. The Supreme Court has invoked the Tenth Amendment in several cases to determine whether the federal government has acted within its constitutional bounds. For instance, in Cooper v. Aaron (1958), the Court cited the Tenth Amendment to prevent Arkansas from delaying school desegregation, as it would violate the Constitution's prohibition of racial segregation in public schools.
The Tenth Amendment has also been used to restrict the federal government from forcing states to enact or refrain from enacting specific legislation or to enforce federal laws. In South Carolina v. Baker (1988), the Court asserted that an exception to this would occur if a state were left "politically isolated and powerless" by a federal law, in which case the Tenth Amendment would not apply.
While the Tenth Amendment safeguards states' rights and autonomy, the Fourteenth Amendment, on the other hand, focuses on protecting the privileges and immunities of citizens. This amendment guarantees that no state shall make or enforce any law that infringes on the privileges or immunities of US citizens. It also ensures due process and equal protection under the law for all individuals within a state's jurisdiction.
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Frequently asked questions
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement.
The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.
In 1958's Cooper v. Aaron, it was determined that Arkansas was not allowed to delay the desegregation of schools, as it went against the previous Brown v. Board of Education of Topeka, which ruled that racial segregation in public schools was unconstitutional.
The purpose of the Tenth Amendment is to reaffirm the principles of federalism and reinforce the notion of the federal government maintaining only limited, enumerated powers.
