Omar Bennett
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It outlines the powers prohibited to the federal government and reserved for the states. The Tenth Amendment expresses the principle of federalism, where the federal government and individual states share power by mutual agreement. The amendment has been used to expand and contract the authority of the federal government and has been central to the debate between federal and state power.
| Characteristics | Values |
|---|---|
| Date of Ratification | December 15, 1791 |
| Type | Amendment to the United States Constitution |
| Part of | Bill of Rights |
| Expresses | Principle of federalism |
| Prescribes | Federal government powers |
| Prohibits | Federal government from forcing states to pass or not pass certain legislation |
| Prohibits | Federal government from forcing states to enforce federal law |
| Prohibits | Federal government overreach |
| Prohibits | Federal laws that establish "gun-free zones" on public school campuses |
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What You'll Learn
The Tenth Amendment
Overall, the Tenth Amendment serves to balance the powers of the federal government against state sovereignty, ensuring that states maintain their autonomy and independence in areas not explicitly delegated to the federal government by the Constitution.
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Federalism
The Constitution replaced the Articles of Confederation, which served as a treaty among sovereign states, with a new governing framework ratified by the people in state conventions. The Framers provided the national government with additional powers, such as the ability to act directly on behalf of the citizenry. They also divided the national government into three branches, each with distinct roles and authorities, to distribute power at the federal level.
The Tenth Amendment is a key component of federalism, codifying the Framers' intent to allow states to establish their own laws without interference from the national government. 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 reinforces the principle that the federal government only possesses the powers granted to it by the Constitution, while states retain the authority to act unless expressly prohibited by the Constitution.
While federalism has its advantages, it has also led to contested federal-state relations and legal challenges. The Supreme Court has played a crucial role in interpreting and enforcing the boundaries between federal and state powers, often invoking constitutional provisions to determine whether Congress has exceeded its authority and infringed upon state sovereignty.
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State sovereignty
The Tenth Amendment serves as a safeguard for state sovereignty, ensuring that powers not explicitly granted to the federal government are retained by the states. This amendment has been invoked in Supreme Court cases, such as National League of Cities v. Usery in 1976, to protect state sovereignty and limit federal intrusion into areas considered state rights.
The Constitution also outlines specific prohibitions on state powers, as outlined in Article I, Section 10. This section prohibits states from taking certain actions without the consent of Congress, including levying duties on tonnage, maintaining troops or ships of war during peacetime, entering into agreements with foreign powers, or engaging in war unless under imminent danger or invasion. These restrictions further emphasize the balance between federal authority and state sovereignty.
The Preamble of the Constitution also plays a role in shaping the concept of state sovereignty. Initially, the Preamble listed each of the 13 states individually, indicating that the power of the government was derived from the states. However, this was later changed to "We the People of the United States," reflecting the idea of popular sovereignty and suggesting that the government's power stems from the people rather than solely from the states.
While the concept of state sovereignty in the U.S. Constitution provides states with a degree of autonomy, it is important to note that the federal government retains ultimate authority in certain areas, as outlined in the Constitution and through judicial interpretations by the Supreme Court. The dynamic between state sovereignty and federal power continues to evolve through legal and political processes, shaping the balance of power within the United States.
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Federal government overreach
The Tenth Amendment of the US Constitution states that any powers not explicitly delegated to the federal government are reserved for the states or the people. This amendment acts as a safeguard against federal government overreach, ensuring that individual states maintain certain freedoms and autonomy.
Despite this, federal government overreach remains a concern for many. Some believe that unelected bureaucrats in Washington, D.C., hold too much power and that the executive branch should not be able to spend money it isn't authorized to spend or create laws without a vote. There is also concern about the number of rules and regulations being created by the federal government, which some see as burdensome and detrimental to economic growth.
In response to these concerns, Congressman Greg Walden has supported measures to increase transparency and accountability in government. For example, he backed the REINS Act, which would require any major new rule proposed by a federal agency to be approved by Congress before taking effect. Walden has also fought for a Constitutional Amendment to mandate a balanced federal budget and applauded the Environmental Protection Agency's (EPA) repeal of certain Obama-era rules.
At the state level, organizations like the Texas Public Policy Foundation (TPPF) are litigating liberty lawsuits to defend Texans against federal, state, and local government overreach that threatens individuals' rights, including environmental, private property, and business autonomy rights. In Colorado, the General Assembly has passed bills to protect residents from federal government overreach in the area of immigration enforcement, prohibiting law enforcement officers from arresting or detaining individuals solely based on their immigration status and protecting individuals' personal information from being shared with federal immigration authorities.
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Supreme Court rulings
The Supreme Court plays a crucial role in the US constitutional system of government. Article III, Section I of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. Notably, while the Constitution establishes the Supreme Court, it gives Congress the authority to decide how to organise it.
One of the most significant powers of the Supreme Court is judicial review. This power enables the Court to declare legislative or executive acts as unconstitutional, even though this power is not explicitly mentioned in the Constitution itself. The Court's ability to conduct judicial review ensures that each branch of government respects its own power limitations.
The Supreme Court has the final say in interpreting the Constitution, as demonstrated in a case where it had to decide between upholding an Act of Congress or the Constitution as the supreme law. The Court ruled that the Constitution takes precedence, establishing its authority to strike down acts of Congress or state laws that contravene the Constitution.
In recent years, the Supreme Court has been accused of expanding the powers of the president at the expense of individual rights. For example, in the case of Trump v Casa, Inc., the Court narrowed the power of federal district judges to issue nationwide injunctions, effectively expanding the president's ability to nullify constitutional provisions. Justices have criticised these decisions as a threat to the rule of law and an erosion of constitutional protections.
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Frequently asked questions
The Tenth Amendment (Amendment X) to the United States Constitution, is a part of the Bill of Rights that was ratified on December 15, 1791.
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 by the Constitution are reserved for each state or the people.
The Tenth Amendment has been used to both expand and contract the authority of the federal government. 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 as there was no clause in the Constitution authorizing the federal law.
