Simone Lawson
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, the Constitution has established a system of dual sovereignty, with the national government and smaller political subdivisions, such as states and cities, sharing legislative power and autonomy. The Tenth Amendment to the United States Constitution, which states 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, is a key component of federalism. This amendment reaffirms the principles of federalism and reinforces the notion of limited federal power, ensuring that states retain certain sovereign rights.
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What You'll Learn
The Tenth Amendment
The purpose of this amendment is to reaffirm the principles of federalism and reinforce the notion that the Federal Government maintains only limited, enumerated powers. 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. In other words, 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.
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Federalism and the Constitution
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, the Constitution has established a system of "dual sovereignty," with the federal government and state governments each having specific powers.
Article I, Section 8 of the Constitution describes the powers of the federal government, referred to as enumerated powers. The Tenth Amendment to the Constitution, proposed by the 1st United States Congress in 1789, reinforces the principle of federalism by reserving powers to the states that are not delegated to the federal government. It states 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."
The Tenth Amendment has been interpreted as a limit on the power of the federal government, ensuring that state power is protected. Some legal scholars have classified the amendment as a tautology, affirming that the federal government does not have any rights that are not explicitly granted by the Constitution. The amendment has been used by the Supreme Court to invalidate federal statutes that exceed the enumerated powers of the federal government.
Federalism in the United States has evolved over time, with amendments to the Constitution further shaping the balance of power between the federal and state governments. For example, following the Civil War, the Thirteenth Amendment eliminated the power of states to enforce slavery, and the Fourteenth Amendment placed new federal constraints on state governments, including forbidding states from violating the fundamental rights of their citizens.
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Commerce Clause power
The Tenth Amendment to the United States Constitution guarantees federalism to the state. The amendment states 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 the people. This amendment was proposed by the First United States Congress in 1789 during its first term after the Constitution was adopted. It was intended to address the demands of Anti-Federalists, who opposed the creation of a stronger federal government.
Now, onto the Commerce Clause power:
The Commerce Clause, outlined in Article 1, Section 8, Clause 3 of the US Constitution, grants Congress the authority to "regulate commerce with foreign nations, among states, and with the Indian tribes". This clause has been a source of significant controversy regarding the balance of power between the federal government and the states. It has been interpreted as both a grant of congressional authority and a restriction on state regulatory authority. The interpretation and application of the Commerce Clause have evolved over time through Supreme Court cases and changes in economic conditions.
For the first century after its enactment, the Commerce Clause was primarily used to prevent discriminatory state legislation. However, with rapid industrial development and an increasingly interdependent national economy, Congress began to assert its power under the Commerce Clause to regulate interstate commerce. This led to the enactment of laws such as the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.
The Supreme Court has played a significant role in interpreting the scope of the Commerce Clause. Early Supreme Court cases, such as Gibbons v. Ogden in 1824, held that intrastate activity could be regulated under the Commerce Clause if it was part of a larger interstate commercial scheme. In the 1930s, the Court expanded its interpretation, recognising broader grounds for federal regulation of state activity. Cases such as NLRB v. Jones & Laughlin Steel Corp. and Wickard v. Filburn demonstrated the Court's willingness to interpret the Commerce Clause broadly.
However, in more recent cases like United States v. Lopez (1995) and Gonzales v. Raich (2005), the Supreme Court attempted to curtail Congress's broad mandate under the Commerce Clause by adopting more conservative interpretations. In Lopez, the Court held that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. In Raich, the Court ruled that even if goods were not sold or transported across state lines, there could be an indirect effect on interstate commerce, thus justifying federal regulation under the Commerce Clause.
The Commerce Clause also provides the federal government with unique powers over navigable waters. According to the Supreme Court decision in United States v. Rands (1967), the federal government has control over navigable waters to the extent necessary to regulate commerce. This includes the power to regulate navigation and the stream beds below ordinary high-water marks.
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Federal preemption
The Tenth Amendment to the United States Constitution, which guarantees federalism to the states, also plays a role in federal preemption. The amendment states that the powers not delegated to the United States by the Constitution are reserved to the States or to the people. This amendment reaffirms the principles of federalism and limits the federal government to only enumerated powers.
There are three main types of federal preemption: express preemption, implied preemption, and conflict preemption. Express preemption occurs when a federal law explicitly states its intention to preempt state law. This was illustrated in the case of English v. General Electric (1990), where the Court found that a federal law containing an express pre-emption clause did not immediately end the inquiry into the substance and scope of Congress's displacement of state law.
Implied preemption is more controversial and occurs in two ways: field preemption and conflict preemption. Field preemption occurs when a federal law occupies a particular field or area of legislation to the exclusion of state law. Conflict preemption, also known as outright conflict, occurs when a state law directly opposes or conflicts with a federal law. This was seen in the case of Morales v. Trans World Airlines (1992), where a provision of the Airline Deregulation Act preempted state regulation to ensure that states did not undo federal deregulation with their own regulations.
In some cases, federal preemption may also occur when local ordinances conflict with state law. Courts will generally favor the validity of local ordinances unless the state statute expressly forbids them. However, the Supreme Court tries to avoid preempting state laws and prefers interpretations that maintain state autonomy.
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Dual sovereignty
Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in the United States that emerged in response to the Articles of Confederation, which established a weak federal government. Dual federalism upholds a system of shared sovereignty, dividing power between the federal and state governments based on clearly defined terms. This arrangement ensures that state governments can exercise their accorded powers without interference from the federal government.
The Tenth Amendment to the United States Constitution is pivotal in guaranteeing federalism by explicitly delineating the limited scope of the federal government's powers. It asserts that any powers not delegated to the federal government by the Constitution are reserved for the states or the people. This amendment reinforces the notion that the federal government possesses only those powers specifically enumerated in the Constitution, with all other powers remaining under state authority.
The Tenth Amendment was proposed by Thomas Burke, a staunch advocate for states' rights. It was passed by the Continental Congress, reflecting the desire to eliminate any ambiguity regarding the distribution of power between state and federal entities. The amendment's purpose was to address concerns that the new national government might overreach its authority and infringe upon the states' ability to exercise their reserved powers.
While dual federalism establishes a clear division of powers, conflicts have arisen throughout history, challenging the delicate balance between federal and state authority. Notable examples include the Supreme Court's rulings in Williams v. Mississippi and Plessy v. Ferguson, which upheld states' rights but were criticised for enabling discrimination against black voters and legitimising "separate but equal" segregation. These decisions reflected a priority to sustain the system of dual federalism, even amidst contentious civil rights issues.
In conclusion, dual sovereignty, as manifested in dual federalism, embodies the principle of divided sovereignty between the federal and state governments in the United States. The Tenth Amendment plays a crucial role in safeguarding federalism by delineating the limits of federal power and preserving states' rights to exercise their reserved powers without interference. This arrangement ensures a system of shared sovereignty, where both levels of government operate within their designated spheres of influence.
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Frequently asked questions
The Tenth Amendment to the US Constitution guarantees federalism to the state.
Federalism is a system of government in which the same territory is controlled by two levels of government. In the US, the Constitution has established a system of "dual sovereignty", where the States have surrendered many of their powers to the Federal Government but have also retained some sovereignty.
The Tenth Amendment states 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."
The purpose of the Tenth Amendment was to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers. It was intended to clarify the differences in state and federal power and allay fears that the new national government might seek to exercise powers not granted.
The Tenth Amendment has been interpreted in various ways by the courts. Some scholars have argued that it is a tautology or truism, while others have found affirmative federalism limitations in the Amendment, invalidating federal statutes that violate the principles of federalism. The Amendment has also been invoked in cases exploring the limits of Congress's enumerated powers.
