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The Tenth Amendment of the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, reaffirms the principles of federalism and reinforces the notion that the Federal Government maintains only limited, enumerated powers. The 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. This amendment was proposed to address the absence of a bill of rights in the original Constitution, which threatened to derail its ratification, particularly in key states such as Massachusetts and Virginia. The Tenth Amendment clarifies the relationship between the national and state governments, emphasizing that the Federal Government only has the powers granted to it by the Constitution.
| Characteristics | Values |
|---|---|
| Purpose | To reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Ratification date | December 15, 1791 |
| Original proposer | Thomas Burke |
| Original text | "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" |
| Supreme Court decisions | United States v. Lopez (1995), Gonzales v. Raich (2005), Cooper v. Aaron (1958) |
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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 was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was ratified on December 15, 1791, and it clarifies the federal government's limited powers. The amendment states that any powers not specifically given to the federal government, nor withheld from the states, are reserved for the states or the people. In other words, the federal government only has the powers delegated to it by the Constitution. This amendment was designed to address the concerns of Anti-Federalists, who opposed the creation of a stronger federal government.
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 if the federal government has overstepped its authority. For example, in United States v. Lopez (1995), the Supreme Court ruled that a federal law mandating a "gun-free zone" on and around public school campuses was unconstitutional because there was no clause in the Constitution authorizing it. This ruling limited the federal government's authority to enact policies through the Commerce Clause.
The Tenth Amendment also played a role in Gonzales v. Raich (2005), where a California woman sued the Drug Enforcement Administration after her medical cannabis crop was seized by federal agents. Although medical cannabis was legal under California state law, it was prohibited at the federal level. The Supreme Court upheld the federal government's action, stating that growing one's own cannabis affects the interstate market for cannabis.
The amendment has been considered by some legal scholars as a tautology or a statement affirming that the federal government does not have any rights that it has not been given. However, others view it as a necessary clarification of the relationship between the national and state governments, ensuring that the federal government cannot exercise powers not granted to it by the Constitution.
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It addresses the relationship between national and state governments
The Tenth Amendment to the United States Constitution was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution. It was ratified on December 15, 1791, and it addresses the relationship between national and state governments.
The Tenth Amendment states that the Federal Government only has those powers delegated to it in the Constitution. It clarifies that any powers not specifically given to the federal government, nor withheld from the states, are reserved for those respective states or the people at large. This means that the federal government is limited to the powers granted in the Constitution, and it cannot infringe on the liberties of the people. The amendment was designed to ensure that the federal government had limited, enumerated powers, and to allay fears that the new national government might seek to exercise powers not granted to it.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government operated within or overstepped its bounds of authority. For example, in United States v. Lopez (1995), a federal law mandating a "gun-free zone" on and around public school campuses was struck down. The Supreme Court ruled that there was no clause in the Constitution authorizing the federal law, and this limited the federal government's authority to enact policies through the Commerce Clause.
The Tenth Amendment also played a role in Gonzales v. Raich (2005), where a California woman sued the Drug Enforcement Administration after her medical cannabis crop was seized and destroyed by federal agents. Although medical cannabis was legal under California state law, it was prohibited at the federal level. The Supreme Court stated that growing one's own cannabis affects the interstate market, and the federal government's authority to regulate interstate commerce superseded the state law in this case.
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The amendment was proposed by Thomas Burke
The Tenth Amendment to the United States Constitution was proposed by Thomas Burke, a vehement supporter of states' rights in the Continental Congress. Burke wanted to ensure that there was no ambiguity concerning the differences in state and federal power. The amendment was designed to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers.
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.
In essence, the amendment clarifies the relationship between the national and state governments. It confirms that the federal government is a limited government with only the powers granted in the Constitution. This was particularly important to Anti-Federalists, who opposed the creation of a stronger federal government.
The Tenth Amendment has been described as a truism or a tautology, stating a self-evident truth. It was proposed to allay fears that the new national government might seek to exercise powers not granted and to ensure that the states could fully exercise their reserved powers. The amendment was passed by the Continental Congress, and the states ratified it in 1791 as part of the Bill of Rights.
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It was ratified in 1791
The Tenth Amendment to the United States Constitution was ratified on December 15, 1791. It was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution. The amendment was ratified as part of the Bill of Rights, which was added to the Constitution in 1791. The first ten amendments form the Bill of Rights.
The Tenth Amendment was designed to clarify the relationship between the national and state governments. It states that any powers not specifically granted to the federal government are reserved for the states or the people. The text of the 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."
This amendment was intended to address concerns about the potential for the new national government to exercise powers not explicitly granted to it and to ensure that the states could fully exercise their reserved powers. It reaffirmed the principles of federalism and limited the powers of the federal government to those enumerated in the Constitution. The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government has overstepped its bounds.
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The Tenth Amendment has been invoked in several Supreme Court decisions
The Tenth Amendment of the United States Constitution was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was passed to reaffirm the principles of federalism and reinforce the notion that the Federal Government maintains only limited, enumerated powers. The 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.
In United States v. Lopez (1995), the Supreme Court ruled against a federal law mandating a "gun-free zone" on and around public school campuses, stating that there was no clause in the Constitution authorizing the federal law. This decision limited the government's power under the Commerce Clause and was the first modern Supreme Court opinion to do so.
In Printz v. United States (1997), the Supreme Court reaffirmed states' rights and the Constitution's anti-commandeering provisions. The Court struck down part of the Brady Handgun Violence Prevention Act, which required local sheriffs to perform gun background checks, as it conflicted with the concept of "anti-commandeering" set out in an earlier case, New York v. United States (1992).
In Gonzales v. Raich (2005), a California woman sued the Drug Enforcement Administration after her medical cannabis crop, legal under California state law, was seized by federal agents due to federal prohibition. The Supreme Court ruled that growing one's own cannabis affects the interstate market, demonstrating the continued complexity of federal and state power dynamics.
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Frequently asked questions
The Tenth Amendment to the U.S. Constitution was ratified on December 15, 1791.
The Tenth Amendment clarifies the relationship between the federal government and state governments, also known as federalism. It ensures that any powers not specifically given to the federal government are reserved for the states or the people.
In United States v. Lopez (1995), the Tenth Amendment was invoked when the Supreme Court ruled that a federal law mandating a "gun-free zone" on and around public school campuses was unconstitutional, as there was no clause in the Constitution authorizing it.
The text of the Tenth 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."
