Isabella Carter
The Tenth Amendment of the US Constitution reserves powers for state governments, maintaining a balance of power between them and the federal government. It states that any powers not explicitly granted to the federal government are delegated to state governments or the people. This means that if the Constitution does not list a specific power, it is reserved for the states. This allows states the freedom to experiment with different ideas and programs, earning them the nickname laboratories of democracy.
| Characteristics | Values |
|---|---|
| Powers not delegated to the US by the Constitution | Reserved for the states or the people |
| Powers not prohibited by the Constitution to the States | Reserved for the states or the people |
| Powers to regulate public welfare and morality | Reserved for the states |
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What You'll Learn
The Tenth Amendment
> "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."
In simpler terms, the Tenth Amendment specifies that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people. This amendment was designed to ensure that the federal government's powers were limited and enumerated, maintaining the sovereignty and independence of the states.
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Federalism
The Tenth Amendment was added to the Constitution in 1791 as part of the Bill of Rights to protect state power. It specifies that any powers not explicitly granted to the federal government are reserved for state and local governments. This amendment confirms that the federal government is a limited government with only the powers delegated to it by the Constitution. The true meaning of the Tenth Amendment and the balance of state versus federal power were tested by the Civil War and continue to be contested.
The concept of federalism has evolved through four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. Federalism protects the rights retained by the people, as most laws affecting civil liberties are made at the state level, including the regulation of most economic activity and "social issues." For example, in the 1824 case of Gibbons v. Ogden, Chief Justice John Marshall referred to these reserved state powers as "that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves."
However, the federal government has the final say in certain areas. For instance, in Gonzales v. Reich (2005), the Supreme Court upheld the power of the federal government to regulate homegrown marijuana, even though some states had legalised it, due to the Supremacy Clause in Article VI of the Constitution, which gives federal law superiority over state law.
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State police powers
The Tenth Amendment of the US Constitution states that "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". This means that any powers not explicitly granted to the federal government are left to the states, and this includes police powers.
The police power is primarily concentrated within state governments, while the federal government possesses it in limited contexts where it has express power, such as over conduct occurring within US territories and activities related to interstate commerce. For example, in United States v. Morrison (2000), the court invalidated a provision of a federal law on violent crime, stating that "the regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce has always been the province of the States".
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Federal authority
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, is a key component of federal authority in the country. This amendment clarifies the relationship between the federal government and the states, reserving specific powers for the states or the people that are not explicitly granted to the federal government.
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." In other words, it ensures that the federal government's authority is limited to the powers specifically outlined in the Constitution, while any unenumerated powers are left to the states or the people. This amendment acts as a check on federal power, maintaining a balance between federal authority and state sovereignty.
The Tenth Amendment has been interpreted by the Supreme Court in various cases to define the scope of federal authority. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional because the Constitution did not authorise them. This decision limited the federal government's ability to enact policies through the Commerce Clause.
Another case that interpreted the Tenth Amendment was National Federation of Independent Business v. Sebelius (2012), where the Court ruled that the federal government could not coerce states into expanding their Medicaid programmes by threatening to withhold existing funding. The Court found that this would violate the Tenth Amendment by encroaching on state sovereignty and forcing them to act against their will.
The Tenth Amendment also played a role in United States v. Morrison (2000), where the Court struck down a provision of the Violence Against Women Act that allowed victims of gender-motivated violence to sue their attackers in federal court. The Court ruled that this provision exceeded the federal government's powers under the Constitution and infringed on the states' traditional police powers.
In conclusion, the Tenth Amendment to the US Constitution serves as a crucial check on federal power, reserving certain rights for the states or the people. It ensures that the federal government operates within the bounds of its enumerated powers, with any unlisted powers being left to state or individual discretion. This amendment has been central to defining the federal government's authority and maintaining the balance of power between the federal and state governments in the US.
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Supreme Court interpretation
The Tenth Amendment of the US Constitution reserves powers for state governments, helping to maintain a balance of power between them and the federal government. It grants all powers not explicitly given to the federal government to the states, allowing them to regulate public welfare and morality. This concept is known as federalism, which protects states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws.
The Supreme Court has interpreted the Tenth Amendment as not depriving the federal government of the authority to exercise powers that are "appropriate and plainly adapted to the permitted end". This interpretation establishes a broad understanding of federal authority to regulate commercial activities within states. In the case of Garcia v. San Antonio Metropolitan Transit Authority (SAMTA), the Court adopted a narrow interpretation of states' reserved powers. The case involved a SAMTA employee suing for unpaid overtime wages, and the Court's decision held that the Tenth Amendment did not exempt SAMTA from federal minimum wage and overtime rules.
The Tenth Amendment also has implications for the commerce clause, which grants Congress the power to regulate commerce among the states. The Supreme Court has interpreted the amendment as a limit to Congress's power under the commerce clause, reserving certain powers for the states. This interpretation ensures that the federal government cannot regulate all economic activity, maintaining the balance of power between the federal and state governments.
Additionally, the Tenth Amendment has been invoked in discussions of federal taxing power, federal police power, and federal regulations affecting state activities. The amendment ensures that powers not specifically granted to the federal government are retained by the states or the people, providing a check on federal power and safeguarding states' rights.
Overall, the Supreme Court's interpretation of the Tenth Amendment has shaped the understanding of the balance of power between the federal government and the states. It has established a broad interpretation of federal authority in certain areas while also recognizing the limits of federal power and the importance of states' rights.
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Frequently asked questions
Reserved powers in the US Constitution refer to powers that are not explicitly delegated to the federal government and are instead left to the states or the people.
State police power, which allows states to regulate public welfare and morality, is an example of a reserved power.
Reserved powers help maintain a balance of power between the federal and state governments, protecting states' rights and allowing them to act as "laboratories of democracy".
Reserved powers are addressed in the Tenth Amendment of the US Constitution.
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."
