
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 powers by mutual agreement. It prescribes that the federal government has only the powers delegated to it by the Constitution and that all other powers not forbidden to the states are reserved for each state or the people. The Tenth Amendment has been interpreted as a clarification of the federal government's limited powers and has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Part of | Bill of Rights |
| Purpose | To reaffirm the principles of federalism |
| Powers | Reserved to the states or to the people |
| Powers | Not delegated to the United States by the Constitution |
| Powers | Prohibited by the Constitution to the States |
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What You'll Learn

The Tenth Amendment and the principle of federalism
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1799, and expresses the principle of federalism. The amendment outlines the shared power dynamic between the federal government and individual states, stipulating that the federal government only holds the powers delegated to it by the Constitution. Any powers not expressly granted to the federal government or prohibited from the states are reserved for the states or the people.
The Tenth Amendment was proposed by the First United States Congress in 1789, during its first term after the Constitution's adoption. It was considered a prerequisite by many members before they would ratify the Constitution, particularly to address the concerns of Anti-Federalists who opposed a strong federal government. The amendment's origins date back to before the American Revolution, and it played a pivotal role in the tumultuous process of ratifying the Constitution.
The amendment's key purpose is to reinforce the notion of limited federal power and uphold state sovereignty. It ensures that the federal government operates within defined boundaries, preventing it from overreaching and infringing on states' rights. This principle of federalism, enshrined in the Tenth Amendment, reflects the belief in shared governance between the federal government and the states.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government acted within the scope of its authority. For example, in United States v. Alfonso D. Lopez, Jr., the Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional, as the Constitution did not authorise them. This ruling highlighted the Tenth Amendment's role in limiting the federal government's authority to enact policies through the Commerce Clause.
Despite its significance, some legal scholars have characterised the Tenth Amendment as a tautology or a truism, arguing that it merely affirms the existing limitations on federal power. In United States v. Sprague (1932), the Supreme Court asserted that the amendment "added nothing" to the Constitution as originally ratified. Nonetheless, the Tenth Amendment remains a crucial component of the Bill of Rights, shaping the dynamic between the federal government and the states in the United States' system of government.
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The Tenth Amendment's role in maintaining states' rights
The Tenth Amendment to the United States Constitution is a crucial component of the Bill of Rights, serving to clarify the balance of power between the federal government and the states. The 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 amendment essentially draws a line between the powers of the federal government and those of the states, ensuring that the national government does not overreach and that the states maintain their autonomy.
One of the key roles of the Tenth Amendment is to protect states' rights by limiting the power of the federal government to only those areas specifically outlined in the Constitution. This was an important consideration for the Founding Fathers, many of whom were concerned about creating a strong central government that could potentially infringe on the rights of individual states. By reserving powers not delegated to the federal government to the states or the people, the Tenth Amendment ensures that states have the authority to make their own laws and govern themselves as they see fit, as long as they do not conflict with the Constitution.
The amendment also plays a significant role in preserving the diversity and experimentation of governance across the country. With states' rights upheld, individual states are free to act as laboratories of democracy, implementing policies and programs that reflect the unique needs and values of their citizens. This allows for a wide range of approaches to governance, and successful policies can then be adopted by other states or even the federal government, leading to a more responsive and adaptable system of government.
Additionally, the Tenth Amendment provides a check on federal power by ensuring that the national government cannot simply assume new powers not granted to it by the Constitution. If the federal government attempts to overstep its bounds, the states can push back and assert their authority in those areas. This dynamic helps maintain a healthy tension between the federal government and the states, encouraging collaboration and cooperation while respecting the boundaries set forth in the Constitution.
The Tenth Amendment has also played a critical role in shaping the legal landscape through its influence on court cases and judicial interpretations. Over the years, the Supreme Court has relied on the Tenth Amendment to resolve disputes between the federal government and the states, often ruling in favor of states' rights. These rulings have helped define the limits of federal power and reinforced the principle that the states retain significant authority in our federal system.
In conclusion, the Tenth Amendment is a vital safeguard for states' rights and the preservation of a balanced federal system. It ensures that the federal government remains limited in scope, while the states retain the power and autonomy necessary to govern their citizens effectively. Through its role in maintaining states' rights, the Tenth Amendment has fostered a diverse and dynamic system of governance, allowing for innovation and responsiveness at the state level while protecting the freedoms and liberties enshrined in the Constitution.
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The Tenth Amendment's impact on Supreme Court decisions
The Tenth Amendment to the United States 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 a crucial component of the Constitution, as it establishes the principle of federalism and serves as a limitation on the power of the national government. The Tenth Amendment reserves certain powers to the states or to the people, thereby restricting the federal government to only those powers specifically granted to it by the Constitution.
One of the most significant impacts of the Tenth Amendment on Supreme Court decisions is its role in determining the scope of congressional power. The amendment has been invoked in numerous cases to challenge the constitutionality of federal laws and assert state sovereignty. The Court has used the Tenth Amendment to strike down federal legislation that exceeds the enumerated powers of Congress or infringes on areas of traditional state authority. For example, in United States v. Lopez (1995), the Court ruled that the Gun-Free School Zones Act of 1990 exceeded Congress's commerce clause authority and violated the Tenth Amendment.
The Tenth Amendment has also played a pivotal role in shaping the doctrine of "anti-commandeering," which prohibits the federal government from requiring states or state officials to enforce federal laws or regulations. In Printz v. United States (1997), the Supreme Court held that certain provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment by requiring state and local law enforcement officers to conduct background checks on handgun purchasers. This decision affirmed that the federal government cannot coerce states into implementing federal programs or enforcing federal laws.
Additionally, the Tenth Amendment has influenced the Court's interpretation of the Spending Clause, which authorizes Congress to appropriate funds for the "general welfare." While the Court has generally upheld Congress's broad spending power, it has placed some limits based on the Tenth Amendment. In South Dakota v. Dole (1987), the Court ruled that Congress could withhold a small percentage of federal highway funds from states that did not raise their drinking age to 21. However, the Court cautioned that there are limits to Congress's spending power, and it recognized the Tenth Amendment's role in preserving state autonomy.
The amendment continues to shape the balance of power between the federal government and the states. While the Court has at times interpreted the amendment more narrowly, it remains a critical tool for preserving state sovereignty and preventing federal overreach. Through its interpretation and application of the Tenth Amendment, the Supreme Court has helped define the boundaries of federal power and protect the rights of states and individuals.
In conclusion, the Tenth Amendment has had a profound impact on Supreme Court decisions by shaping the Court's understanding of federalism and the separation of powers. It has served as a check on federal power, ensuring that the national government does not exceed its enumerated powers and respecting the traditional authority of the states. Through landmark cases and ongoing judicial interpretation, the Tenth Amendment continues to guide the Court in interpreting the Constitution and resolving disputes between the federal government and the states.
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The Tenth Amendment as a 'truism' or ''tautology'
The Tenth Amendment to the United States 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." Essentially, this amendment defines the balance of power between the federal government and the states, ensuring that the national government does not usurp powers intended to be held by the states or the people.
A truism is a statement that is obviously true and offers little additional insight, often viewed as a self-evident truth. When examining the Tenth Amendment as a potential truism, it is important to consider its role in the broader context of the Constitution. The amendment can be seen as a restatement of the principles of federalism and limited government that are inherent in the Constitution's structure and design.
The Tenth Amendment could be viewed as a truism in the sense that it reiterates the fundamental nature of the federal system established by the Constitution. By stating that powers not granted to the federal government are reserved for the states or the people, it emphasizes the limited nature of federal power and the retention of significant authority by the states. This interpretation suggests that the amendment simply makes explicit what is already implicit in the constitutional framework.
However, some scholars argue that the Tenth Amendment is not a mere truism but a crucial component of the Constitution's system of checks and balances. They contend that the amendment serves as a clear rule of interpretation, providing guidance to courts and policymakers when determining the legitimacy of federal actions. In this view, the Tenth Amendment is a substantive limitation on federal power, ensuring that the national government does not overstep its enumerated powers and infringe on areas reserved for state authority.
Ultimately, the Tenth Amendment's status as a truism or substantive limitation depends on one's interpretation of the Constitution's original intent and the role of federalism within it. Those who see federalism as a core principle of the constitutional order are more likely to view the amendment as a significant check on federal power. On the other hand, those who prioritize a strong central government may consider the amendment as a truism that does little to alter the balance of power between the states and the federal government.
In conclusion, while the Tenth Amendment may appear to be a truism on its face, reiterating the principles of federalism, its impact and significance continue to be a subject of debate and interpretation in American constitutional law and politics.
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The Tenth Amendment and the Bill of Rights
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and individual states share powers 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 are reserved for each state or the people.
The Tenth Amendment 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 similar to Article II of the Articles of Confederation, which states that each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right not expressly delegated to the United States in Congress.
The Tenth Amendment was proposed by the First United States Congress in 1789, during its first term following the adoption of the Constitution. It was considered a prerequisite by many members before they would ratify the Constitution, particularly to satisfy the demands of Anti-Federalists, who opposed a stronger federal government. The amendment's purpose was to reaffirm the principles of federalism and reinforce the notion of limited, enumerated powers for the federal government.
The Tenth Amendment has been interpreted as a clarification of the federal government's limited powers, specifying that a government decision should be viewed as an overreach of its authority rather than an infringement of civil liberties. Several Supreme Court decisions have invoked the Tenth Amendment to determine if the federal government operated within or exceeded its authority. For example, in 1992's New York v. United States, the Court reaffirmed that the Tenth Amendment is a "truism" and "essentially a tautology," applying only to powers "not delegated to the United States by the Constitution."
The Tenth Amendment has been used to both expand and contract the authority of the federal government, and it continues to be a core debate between federal and state power.
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Frequently asked questions
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791.
The purpose of the 10th Amendment is to reaffirm the principles of federalism and reinforce the notion that the federal government maintains only limited, enumerated powers.
The original text of the 10th Amendment 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 10th 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 since its ratification.
In New York v. United States (1992), the Court reaffirmed that the Tenth Amendment is a "truism" and "essentially a tautology", applying to powers "not delegated to the United States by the Constitution".

























