Eleanor Finch
The Tenth Amendment, the capstone of the Bill of Rights, was ratified on December 15, 1791, as one of the first 10 amendments to the US Constitution. The Tenth Amendment states that the federal government only has those powers delegated to it in the Constitution. It clarifies that any powers not explicitly given to the federal government or withheld from the states are reserved for the states or the people.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Powers of the Federal Government | Limited and enumerated |
| Rights | The Federal Government only has those powers delegated in the Constitution |
| Interpretation | A government decision is not to be investigated as a potential infringement of civil liberties, but rather as an overreach of its power and authority |
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What You'll Learn
The Tenth Amendment clarifies the federal government's limited powers
The Tenth Amendment to the United States Constitution clarifies the federal government's limited powers. It was proposed by the 1st United States Congress in 1789 and ratified in 1791. The amendment expresses the principle of federalism, which outlines the shared power between the federal government and individual states through mutual agreement.
The Tenth Amendment states that the federal government only possesses the powers specifically delegated to it by the Constitution. It emphasises that any powers not expressly granted to the federal government are reserved for the states or the people. This amendment ensures that the federal government's authority is restricted to the provisions outlined in the Constitution.
The purpose of the Tenth Amendment was to address concerns about the potential abuse of power by the federal government and to satisfy the demands of Anti-Federalists, who opposed a strong central government. It was designed to reaffirm the principles of federalism and reinforce the notion of limited federal power.
The amendment has been invoked in various Supreme Court cases, such as United States v. Darby Lumber Co. and Gonzales v. Raich, where the Court ruled that growing one's own cannabis affects the interstate market, even if it is for personal consumption. Additionally, in United States v. Lopez, the Supreme Court struck down a federal law mandating a "gun-free zone" on and around public school campuses, as there was no clause in the Constitution authorising the federal law.
The Tenth Amendment has been described as a "truism" by the Supreme Court, indicating that it merely reiterates the relationship between national and state governments as established by the Constitution. However, states and local governments have occasionally attempted to assert their authority in certain areas, such as labour and environmental controls, by invoking the Tenth Amendment.
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The Tenth Amendment was ratified on December 15, 1791
The Tenth Amendment to the US Constitution was ratified on December 15, 1791. It was part of the Bill of Rights, the first 10 amendments to the Constitution.
The Tenth Amendment states that the federal government has only those powers delegated to it by the Constitution. Any powers not explicitly given to the federal government, nor prohibited by the Constitution to the states, are reserved to the states or the people. This amendment clarified that the federal government was intended to be limited in scope, ensuring it would not infringe on the liberties of the people.
The Tenth Amendment was drafted during the tumultuous process of ratifying the Constitution. Many states had ratified the Constitution with the impression that a bill of rights would be added quickly after, and there was a desire to prevent misconstruction or abuse of power. Thomas Jefferson advocated for a Bill of Rights, writing to James Madison: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can."
The Tenth Amendment has been invoked in several Supreme Court decisions, often to determine if the federal government has overstepped the bounds of its authority. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's authority to enact policies through the Commerce Clause as it was not explicitly authorised by the Constitution.
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The Tenth Amendment is the capstone of the Bill of Rights
The Tenth Amendment is indeed the capstone of the Bill of Rights, which comprises the first ten amendments to the US Constitution. The Tenth Amendment states that the Federal Government only has those powers delegated to it in the Constitution. It was ratified on December 15, 1791, along with the rest of the Bill of Rights, which was added to the Constitution to guarantee civil rights and liberties to individuals.
The Tenth Amendment was drafted out of a tumultuous ratification process, with several states expressing a desire for further declaratory and restrictive clauses to be added to the Constitution to prevent the abuse of its powers. The Tenth Amendment, along with the Ninth, was designed to address concerns about the scope of the new federal government and its potential infringement on people's liberties. The Ninth Amendment states that listing specific rights in the Constitution does not deny other rights not explicitly mentioned.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government has overstepped its authority. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's authority to enact policies through the Commerce Clause as it related to establishing "gun-free zones" on public school campuses.
The Tenth Amendment, as the capstone of the Bill of Rights, underscores the limited nature of federal power and reinforces the rights retained by the states and the people. It serves as a crucial safeguard against federal overreach and a reminder that the federal government's powers are delegated and enumerated in the Constitution.
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The Tenth Amendment reserves powers to the states or the people
The Tenth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a crucial component of the Bill of Rights. It reserves powers to the states or the people, stating that any powers not explicitly delegated to the federal government by the Constitution and not prohibited to the states are reserved for the states or the people. This amendment clarifies the limited nature of the federal government and its enumerated powers.
The Tenth Amendment emerged from the debates surrounding the inclusion of a Bill of Rights in the Constitution. Some argued that the Constitution was intended to restrict the scope of the federal government, preventing potential infringements on the liberties of the people. The Tenth Amendment, along with the Ninth Amendment, addressed these concerns by specifying the powers of the federal government and the rights retained by the people.
The text of the Tenth Amendment reads: "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." This wording emphasizes that the federal government only possesses the powers specifically granted to it by the Constitution, and all other powers are retained by the states or the people.
The Tenth Amendment has been invoked in significant court cases to expand or contract the authority of the federal government. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Tenth Amendment was cited to limit the federal government's authority to enact policies through the Commerce Clause. The ruling declared federal laws establishing "gun-free zones" on public school campuses unconstitutional, as the Constitution did not authorize them.
The Tenth Amendment continues to play a pivotal role in shaping the balance of power between the federal government and the states, ensuring that the federal government remains confined to its enumerated powers and that the states and people retain their rightful autonomy.
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The Tenth Amendment prevents federal overreach
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It is also referred to as "Powers to the States or to the People". The amendment expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement.
The Tenth Amendment states that the federal government possesses only those powers delegated to it by the Constitution. It emphasizes that the federal government is one of limited and enumerated powers. This means that any powers not specifically given to the federal government nor withheld from the states are reserved for the states or the people. This amendment was considered a prerequisite by many members before they would ratify the Constitution, particularly to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government.
The Tenth Amendment has been used to prevent federal overreach in several cases. In 1992, the Supreme Court ruled that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. For example, in Printz v. United States (1997), the Court ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment as it "forced participation of the State's executive in the actual administration of a federal program". Similarly, in United States v. Alfonso D. Lopez, Jr. (1995), the federal government's authority was limited by the Tenth Amendment, ruling that federal laws establishing "gun-free zones" on public school campuses were unconstitutional as they were not authorized by the Constitution.
In South Carolina v. Baker (1988), the Court stated that an exception to Garcia v. San Antonio Metropolitan Transit Authority (1986) would be when a state was left "politically isolated and powerless" by a federal law. This case ruled that a city was required to comply with federal labor laws, and state sovereignty interests should be protected by the participation of states in the national political process. The Tenth Amendment has also been used to invalidate laws prohibiting states from taking certain actions, such as in Murphy v. National Collegiate Athletic Association (2018), where the Supreme Court ruled that the Professional and Amateur Sports Protection Act of 1992 violated the anti-commandeering doctrine.
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Frequently asked questions
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, states that any powers not specifically given to the federal government, nor withheld from the states, are reserved to those respective states or to the people.
The Tenth Amendment is often referred to as "Powers to the States or to the People". It is also considered the capstone of the Bill of Rights.
The Ninth and Tenth Amendments are closely related. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not listed. The Tenth Amendment further clarifies that the federal government only has the powers that are delegated to it in the Constitution.
The Tenth Amendment has been invoked in several Supreme Court decisions, often to determine if the federal government has overstepped its authority. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's authority to enact policies through the Commerce Clause.
