Eleanor Finch
Reserved powers, also known as residual or residuary powers, are those that are not explicitly prohibited or granted to any organ of the government. The Tenth Amendment of the US Constitution, ratified in 1791, is a key example of reserved powers. It states that any powers not specifically delegated to the federal government by the Constitution are reserved for the states or the people. This amendment helps maintain a balance of power between the federal and state governments and protects states' rights by limiting the federal government's ability to regulate or command state policies.
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What You'll Learn
The Tenth Amendment
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Federalism
The Tenth Amendment to the US Constitution, ratified by the states in 1791 as part of the Bill of Rights, addresses the power dynamic between the federal and state governments. It specifies that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people. In other words, if the Constitution grants a specific power to the federal government, it is solely within the federal government's authority. Any powers not explicitly granted to the federal government are reserved for the states. This amendment reinforces the idea of federalism and ensures a balance of power between the federal and state governments.
The concept of reserved powers, as outlined in the Tenth Amendment, was particularly significant during the late 19th and early 20th centuries, when the US Supreme Court used it to limit the expansion of federal authority, especially in economic regulation. The Court interpreted the amendment as preventing federal involvement in "local" activities such as agriculture, manufacturing, and mining, thus preserving the powers of the states.
However, the use of the reserved powers doctrine to restrict federal authority waned after 1937. In more recent cases, such as National League of Cities v. Usery (1976) and Printz v. United States (1992), the Court has revisited the concept of reserved powers. These cases have reaffirmed the role of federalism in the US system of government, with state and tribal governments exercising their reserved powers within the framework established by the Constitution and federal guidelines.
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State sovereignty
The Tenth Amendment of the US Constitution, ratified by the states in 1791, is a key aspect of state sovereignty in the United States. It outlines the reserved powers of state governments, specifying that any powers not explicitly granted to the federal government by the Constitution are reserved for the states. This amendment is unique in that it does not explicitly grant constitutional rights but instead serves to balance the powers of the federal government against state sovereignty.
The text of the Tenth Amendment is concise, consisting of just a single sentence. However, this sentence carries significant weight in defining the power dynamics between the federal and state governments. It 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 essence, it ensures that state governments retain the authority to govern in areas where the Constitution does not specifically grant power to the federal government.
The Tenth Amendment also safeguards the principles of federalism, which refer to the division of power between the federal and state governments. Federalism protects states' rights by limiting the federal government's ability to regulate or mandate state governments to adopt policies or enforce federal laws. This division of powers ensures that state governments have the autonomy to make decisions that are in the best interests of their citizens, while still operating within the broader framework of the US Constitution.
While the Tenth Amendment provides a strong foundation for state sovereignty, it is important to note that the interpretation and application of this amendment have evolved over time through various court cases. For example, the Supreme Court has ruled against challenges to congressional powers based on the Tenth Amendment on several occasions, demonstrating the dynamic nature of constitutional interpretation and the ongoing dialogue between federal and state authorities.
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Commerce clause
The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). It grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". The three areas of commerce are often discussed as separate powers: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.
The Commerce Clause has been the source of federal drug prohibition laws, such as in the Gonzales v. Raich case in 2005, where the Supreme Court rejected the argument that banning the growth of medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause. The Court found that there could be an indirect effect on interstate commerce.
The interpretation of the Commerce Clause has helped define the balance of power between the federal government and the states, and between the two elected branches of the federal government and the Judiciary. It is an important source of the powers delegated to Congress and is often paired with the Necessary and Proper Clause to take a broader perspective of these powers.
The Commerce Clause emerged as a response to the absence of any federal commerce power under the Articles of Confederation. It was first used to prevent discriminatory state legislation, but as the national economy became more interdependent, Congress began to regulate under the commerce power, beginning with the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.
The Supreme Court has issued several landmark cases involving Congress's powers under the Commerce Clause, including United States v. Darby, where the Court expanded Congress's commerce powers, upholding the Fair Labor Standards Act (FLSA).
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Supreme Court interpretation
The Tenth Amendment of the US Constitution states that any powers not explicitly granted to the federal government are reserved for state and local governments, or the people. This amendment was intended to confirm that the federal government was limited to the powers enumerated in the Constitution, and that all other powers were reserved for the states. This concept is known as federalism, which refers to the division of power between the federal and state governments.
The Supreme Court's interpretation of the Tenth Amendment has evolved over time. In the nineteenth century, Chief Justice John Marshall's landmark opinion in McCulloch v. Maryland rejected the notion that the Tenth Amendment denied implied or incidental powers to the federal government. Instead, he adopted an approach focused on the larger constitutional context, assessing congressional power by studying the enumerated powers within the Constitution rather than the Tenth Amendment itself.
In the early twentieth century, the Supreme Court relied on the Tenth Amendment to strike down various economic regulations as invasive of the police power reserved for the states. For example, in Hammer v., the Court invalidated a federal prohibition on interstate trafficking in goods produced by child labour, upholding the reserved rights of the states. Similarly, in United States v. Butler, the Court held that a tax provision in the Agricultural Adjustment Act was unconstitutional because it invaded the reserved rights of the states.
However, beginning in the late 1930s, many of these decisions were overruled or limited as the Court embraced a broader conception of Congress's Commerce Clause power. The Court held that the Tenth Amendment does not bar federal action that is necessary and proper to the exercise of federal power. In the 1970s, the Supreme Court began to give more substantive constitutional content to the Tenth Amendment, marking a shift in its interpretation.
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Frequently asked questions
The Tenth Amendment of the US Constitution, also known as the "Reserved Powers" amendment, was ratified by the states in 1791 as part of the Bill of Rights.
The Tenth Amendment specifies that any power not explicitly granted to the federal government by the Constitution is reserved for the states.
Yes, states use their police powers to "regulate public welfare and morality".
