Eleanor Finch
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, clarifies that any powers not specifically granted to the federal government and not prohibited by it to the states are reserved for the states or the people. This amendment was added to the Bill of Rights to protect state power and limit the federal government's scope, ensuring it doesn't infringe on civil liberties. While the Tenth Amendment doesn't use the word expressly, some advocates of states' rights interpret it similarly to the Articles of Confederation, which limited Congress to powers explicitly listed. Federalism, though not mentioned in the Constitution, is a crucial concept, and the Commerce Clause is the federal government's most far-reaching power.
| Characteristics | Values |
|---|---|
| Date of Amendment | December 15, 1791 |
| Powers | Not delegated to the United States by the Constitution |
| Not prohibited by the Constitution to the States | |
| Reserved | To the States or to the people |
| Bill of Rights | Added to the Constitution in 1791 |
| Ninth Amendment | Specifies inferences about the people's rights |
| Tenth Amendment | Specifies the powers of the federal government |
| Prohibits government decisions from being investigated as infringements of civil liberties | |
| Has been invoked in several Supreme Court decisions | |
| Federalism | One of the most important concepts in the Constitution, but the word never appears |
| Used to limit the power of Congress by being specific about what it could do |
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What You'll Learn
The Tenth Amendment
The Amendment was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution. It was passed by Congress on September 25, 1789, and was considered a prerequisite by many members before they would ratify the Constitution. The Tenth Amendment was also proposed to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government.
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State vs federal power
The United States uses a system of federalism, which divides powers between national and regional governments. This allows states to act as "laboratories of democracy", independently testing ideas. The Tenth Amendment, ratified in 1791, grants state governments all powers not specifically delegated to the federal government by the Constitution. It 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 was added to the Constitution as part of the Bill of Rights, which was a protection of state power. The Tenth Amendment reinforces the idea that every power not granted to the federal government is delegated to state governments.
The Ninth and Tenth Amendments clarify that the Bill of Rights does not enumerate all possible rights of the people, but it does enumerate all the federal government's powers. The Constitution enumerates Congress's powers in Article I, Section 8, and the specific powers of the executive and judicial branches in Articles II and III, respectively.
The federal government also holds powers that aren’t listed in the Constitution but are needed to carry out other powers. According to Article 1, Section 8:
> The Congress shall have Power… to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
In McCulloch v. Maryland, the Supreme Court ruled that this “Necessary and Proper Clause” gives the federal government certain implied powers.
In recent years, immigration has become a common battleground for state vs. federal powers. The Constitution gives the federal government the power to make and enforce naturalization rules, regulate foreign commerce, and declare war on foreign nations. These powers form the basis of regulating immigration as an implied power. Some states still try to restrict immigration or increase border control independently.
Other areas of contention include healthcare and public health. For example, during the COVID-19 pandemic, federal authority over critical nationwide issues clashed with state authority over public safety, schools, and businesses within a state.
The production, sale, possession, and use of marijuana is illegal under federal law, but some states now allow its legalization, both for personal and medical purposes. The Supremacy Clause in Article VI of the Constitution makes federal law superior to state law, and the Supreme Court upheld the power of the federal government to regulate even homegrown marijuana in Gonzales v. Reich (2005).
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Civil liberties
The United States Constitution, written in 1787, did not originally include a Bill of Rights. However, this was added in 1791, and the first ten amendments form the Bill of Rights, which protects the freedoms and rights of individuals.
The Bill of Rights is a broad expression of individual civil liberties, and it places significant limitations on government power over the individual. The First Amendment, for example, guarantees the rights of conscience, such as freedom of religion, speech, and the press, and the right of peaceful assembly and petition. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Sixth Amendment guarantees the right to counsel, and the Eighth Amendment prohibits cruel and unusual punishments. The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The Constitution's civil rights guarantee means it is unlawful for a school or university run by a state government to treat students differently based on their race, ethnicity, age, sex, or national origin. The Fourteenth Amendment, adopted after the American Civil War, granted citizenship to those who had been enslaved and placed an important federal limitation on the states by forbidding them to deny any person "life, liberty, or property, without due process of law". The Fifteenth Amendment, also adopted after the Civil War, guaranteed the right to vote for formerly enslaved men.
The rights guaranteed in the Bill of Rights are not absolute, and there has been debate about the extent to which they limit governmental authority. The Bill of Rights originally only protected citizens from the national government, and individual citizens had to look to state constitutions for protection of their rights against state governments.
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Racial segregation
The Fourteenth Amendment's Equal Protection Clause, ratified in 1868 after the Civil War, was intended to stop states from discriminating against black people. The text of the clause is worded very broadly, and it has evolved significantly from its original purpose. For example, despite its reference to "states", the clause has been interpreted to prevent the federal government from discriminating as well.
In 1883, the Supreme Court declared that state laws prohibiting interracial marriage were constitutional. This was the law of the land until 1954, when the Supreme Court unanimously overruled Plessy v. Ferguson in Brown v. Board of Education, holding that separate schools for black and white students violated the Equal Protection Clause. This was a decisive turning point in the struggle to dismantle government-imposed racial segregation in American society.
In the 1970s, the Supreme Court reaffirmed the breadth of federal judicial remedial powers in cases such as Milliken v. Bradley (1977) and Missouri v. Jenkins. These cases established that federal courts have broad and flexible powers to remedy past wrongs, such as ordering local authorities to impose a tax increase to pay for remedies or mandating compensatory educational programs for students who had been subjected to past acts of de jure segregation.
Despite these advancements, racial segregation in the United States has a long history, including during the slave period and the Reconstruction Era. In 1832, Prudence Crandall admitted an African American girl to her all-white boarding school, resulting in public backlash and protests. In 1835, an anti-abolitionist mob attacked and destroyed Noyes Academy, an integrated school in New England. During the Reconstruction Era, Southern black people did not demand racially integrated schools, and almost all the new public schools were segregated.
In more recent history, in 1964, E. J. Josey, the first African American member of the ALA, put forth a resolution preventing ALA officers and staff members from attending segregated state chapter meetings in Georgia, Mississippi, Alabama, and Louisiana. This resolution led to the integration of these states' libraries within a few years. In 1972, federal judge William C. Keady ordered an end to racial segregation of inmates at the Mississippi State Penitentiary.
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Gun control
The Second Amendment of the U.S. Constitution has been a source of much debate regarding gun control. The amendment states:
> A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The interpretation of this amendment has been a matter of contention, with some arguing that it guarantees an individual's right to own a gun, while others contend that it was intended to protect a state's right to maintain a militia. The National Rifle Association (NRA) has long advocated for the former interpretation, asserting that the Second Amendment guarantees an individual's right to purchase and own firearms without restriction. However, this view is not universally shared, and gun control legislation has been enacted to regulate the sale, purchase, and use of firearms.
The Supreme Court has interpreted the Second Amendment on several occasions, including in the landmark case District of Columbia v. Heller (2008), where it held that the amendment protects an individual's right to keep a gun for self-defense. This decision marked a shift from the traditional view that the Second Amendment pertained primarily to a state's right to maintain a militia. Despite this interpretation by the Supreme Court, the lower courts have seen little debate, with nearly 40 decisions upholding the right of states to maintain militias.
In addition to the courts, scholars have also weighed in on the debate, offering two primary theories. The "individual right theory" aligns with the interpretation of the NRA, contending that the Second Amendment creates an individual constitutional right to possess firearms. Conversely, the "collective rights theory" asserts that the amendment was intended to restrict Congress from legislating away a state's right to self-defense, thus giving local, state, and federal governments the authority to regulate firearms without violating constitutional rights.
While the debate over the Second Amendment continues, it is clear that gun control measures can be enacted without violating the U.S. Constitution. Former Chief Justice Warren Burger argued that regulating the sale, purchase, and use of guns is akin to regulating automobiles and boats and does not infringe on constitutional rights. Furthermore, the courts have consistently held that "reasonable" gun control laws, such as prohibiting criminals and the mentally ill from possessing firearms, banning concealed carry, and restricting guns in sensitive places, are constitutionally permissible.
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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 prohibited by it to the states are reserved for the states or the people.
Yes, traditionally, states have held "police powers" over health, education, and welfare. For example, some states have allowed the legalisation of marijuana for personal and medical use, despite federal law banning it as a controlled substance.
Yes, the Supremacy Clause in Article VI of the Constitution makes federal law superior to state law. In Gonzales v. Reich (2005), the Supreme Court upheld the power of the federal government to regulate even homegrown marijuana.
