Isabella Carter
The United States Constitution is a crucial document that sets out the rights and powers of the government and its citizens. It begins with the famous words, We the People, and is composed of a preamble, seven articles, and 27 amendments. The last four words of the Constitution are States, are reserved to. These words are part of the Tenth Amendment, which states that any powers not explicitly granted to the federal government or prohibited from being exercised by the states are reserved for the states or the people. This amendment highlights the balance of power between the federal government and the states, emphasizing the rights and autonomy granted to the states in the US system of federalism.
| Characteristics | Values |
|---|---|
| Last four words of the US Constitution | "to ourselves and our Posterity" |
| Last four words of the Tenth Amendment | "or to the people" |
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What You'll Learn
The last four words of the Tenth Amendment
The Tenth Amendment to the US Constitution is as follows:
> 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 final four words prevent an adverse reading. Without them, the Tenth Amendment could be interpreted as stating that the States have all powers not held by the Federal Government. The inclusion of "or to the people" suggests that some powers may be held by the people, rather than the States.
The identity of "the people" and the powers they hold is a matter of debate. In the case of DC v. Heller, the court found that "the people" refers to individual rights, not collective rights. This interpretation suggests that the last four words of the Tenth Amendment grant powers to individuals, rather than to a collective body. However, it is unclear if these words have ever been used to support a legal position or if they are legally inert.
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The people and their rights
The US Constitution is a document that sets out the aspirations of "We the People" and our way of life as a nation. It is an introduction to the highest law of the land, communicating the intentions of its framers and its purpose. Notably, it does not define government powers or individual rights. Instead, it establishes a framework for governance and outlines the relationship between the government and the people.
The Constitution begins with the Preamble, which sets the tone for the entire document. The Preamble declares that "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." This introductory statement emphasizes that the power to create and establish the Constitution originates from the people. It also highlights several key objectives, including establishing justice, ensuring peace within the nation, providing for the common defence, promoting the general welfare, and securing individual liberties.
The people's rights are a fundamental aspect of the Constitution. The Tenth Amendment, for example, 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." This amendment recognizes that certain powers are reserved for the states or the people themselves, rather than being granted to the federal government. It reinforces the concept of federalism and the distribution of powers between different levels of government.
Additionally, the Fourth Amendment and other constitutional provisions protect the rights of "the people," which refers to individuals who are part of a national community or have a significant connection to the country. These rights include protections against unreasonable searches and seizures, as well as other individual liberties. The Constitution, through its amendments and interpretations, continues to shape the understanding of the people's rights and the role of government in protecting and promoting those rights.
The last four words of the Constitution, "the United States of America," signify the culmination of the document's purpose and the unity of the nation. They represent the collective aspiration of the people to establish a just, peaceful, and free society, with a government of their own creation. These final words encapsulate the essence of the Constitution and the ideals upon which the nation was founded.
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Implications of the words' absence
The Tenth Amendment to the US Constitution states:
> 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 implications of omitting the last four words, "or to the people", are significant. The Tenth Amendment is a crucial component of the US Constitution, delineating the balance of powers between the federal government and the states. By excluding "or to the people", the amendment would exclusively reserve powers not delegated to the federal government or prohibited to the states for the states alone. This exclusion could potentially diminish the rights of individuals and communities within the states.
The absence of "or to the people" could lead to a concentration of powers at the state level, potentially encroaching on individual liberties. The Tenth Amendment, without these words, may provide states with a broader scope to assume powers beyond those explicitly granted to them. This could result in a diminished role for the federal government and a potential erosion of protections for individual rights. The exclusion may also impact the interpretation of other constitutional provisions that refer to "the people", potentially limiting their scope and application.
The last four words of the Tenth Amendment are essential in preserving a delicate balance between federal and state authority, while also safeguarding individual rights. Their absence could disrupt this equilibrium, leading to a more centralized state power structure and a potential diminution of rights for citizens. The inclusion of "or to the people" ensures that powers are distributed between the federal government and the states while also recognizing the inherent rights of citizens.
The Tenth Amendment's reference to "the people" is significant as it recognizes the rights and powers inherent to the citizens of the United States. This recognition reinforces the democratic principles upon which the nation was founded and ensures that the government derives its authority from the people. By excluding "or to the people", the amendment may inadvertently weaken the position of citizens in relation to both the federal government and the states.
In conclusion, the absence of the last four words of the Tenth Amendment would have far-reaching implications. The exclusion could lead to a shift in the balance of powers, potentially empowering states at the expense of individual rights. The omission may also impact the interpretation of other constitutional provisions and weaken the position of citizens in relation to their government. The inclusion of "or to the people" is a crucial safeguard, ensuring that powers are distributed between the federal government and the states while also recognizing the inherent rights of citizens.
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The people as a national community
The US Constitution is a document that sets out the aspirations of "We the People" and our way of life as a nation. The Preamble to the Constitution, which begins with "We the People", is an introduction to the highest law of the land. It communicates the intentions of the framers and the purpose of the document, though it does not define government powers or individual rights.
The people, as a national community, are at the heart of the Constitution. The document was created to unite a group of states with different interests, laws, and cultures under a single national government. It vested the power of the union in the people, establishing a sense of collective identity and purpose. The Constitution recognises that the people have constitutional rights, such as those outlined in the Fourth Amendment, which are held by those who are part of this national community or have a significant connection to the country.
The Tenth Amendment further emphasises the role of the people by stating that powers not delegated to the United States by the Constitution or prohibited to the States are reserved to the States or to the people. The specific inclusion of "the people" in this amendment has been the subject of legal discussion, with questions arising about the nature of the distinction it creates. The DC v. Heller case found that "Right of the People" in the Constitution refers to individual rights, not collective rights that can only be exercised through a corporate body.
The people, as a national community, are thus recognised as having individual rights and powers under the Constitution. The document serves as a reminder that the nation is stronger when its citizens are united and empowered, working together towards a more perfect union. The Constitution's impact on the American Experiment, as it united its citizens and provided a framework for their aspirations, cannot be overstated.
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The Tenth Amendment and state power
The Tenth Amendment to the US Constitution states:
> 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 amendment is significant because it safeguards the principles of federalism, which refers to the division of power between the federal and state governments. By reserving powers for state governments, the Tenth Amendment helps to maintain a balance of power between the federal and state governments. It also allows states the freedom to experiment with different ideas and programs, earning them the nickname "laboratories of democracy".
The Tenth Amendment implies that the powers granted to the federal government by the Constitution are exhaustive. In other words, if the Constitution does not list a specific power, it is reserved for the states. This interpretation has been supported by the Supreme Court, which has ruled that the Tenth Amendment prevents the federal government from enacting policies through the Commerce Clause if they are not explicitly authorised by the Constitution.
The Tenth Amendment also clarifies that the Bill of Rights does not enumerate all possible rights of the people, but only the powers of the federal government. This means that people may possess other fundamental rights beyond those listed in the Bill of Rights.
The Tenth Amendment was ratified on December 15, 1791, and has been a key part of the core debate between federal and state power in the centuries since. It has been used to both expand and contract the authority of the federal government, depending on the interpretation of the amendment in different contexts.
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Frequently asked questions
The last four words of the US Constitution are "for the United States".
These last four words finalise the establishment of the Constitution for the United States of America.
The first four words of the US Constitution are "We the People".
The preamble of the US Constitution is an introduction to the highest law of the land. It is not the law itself, but it sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document.
The Tenth Amendment to the US Constitution 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."
