Eleanor Finch
The Tenth Amendment to the United States Constitution, proposed in 1789 and ratified in 1791, reaffirms the principles of federalism and reinforces the notion of limited federal power. It states that any powers not explicitly delegated to the federal government by the Constitution are reserved for the states or the people. This amendment was designed to address concerns about the potential overreach of the new national government and to ensure that states maintained their sovereignty, freedom, and independence. The Tenth Amendment has been invoked by states and local governments to assert their exemption from certain federal regulations, particularly in areas like labour and environmental controls.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Purpose | To reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Powers | States or people reserve the powers not delegated to the United States by the Constitution |
| Clause | The necessary and proper clause states that Congress can make laws needed to perform its constitutional functions |
| Usage | States have used the 10th Amendment to implement emergency public health and education policies during the COVID-19 pandemic |
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What You'll Learn
The Tenth Amendment reaffirms the principles of federalism
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, as part of the Bill of Rights. The Tenth Amendment reaffirms the principles of federalism by expressing the idea that the federal government's powers are limited to those granted in the Constitution.
Federalism refers to the division of power between the federal and state governments, with each layer of government having sovereignty in particular areas. The Tenth Amendment outlines that the federal government only has the powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved for the states or the people. This amendment was considered a prerequisite by many members of the Anti-Federalist Party, who opposed the creation of a stronger federal government, before they would ratify the Constitution.
The Tenth Amendment has been used by states and local governments to assert their exemption from certain federal regulations, particularly in the areas of labour and environmental controls. For example, in New York v. United States (1992), the Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which obliged states to take responsibility for any waste within their borders that had not been disposed of by a certain date. The Court ruled that this obligation violated the Tenth Amendment.
The Tenth Amendment also prohibits the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. This was demonstrated in the case of South Carolina v. Baker (1988), where the Court said that an exception to Garcia would be when a state lacked "any right to participate" in the federal political process.
The Tenth Amendment has been criticised by some legal scholars as a tautology, affirming that the federal government does not have any rights that it does not have. However, others argue that it serves to protect states' rights and maintain a balance of power between the federal and state governments.
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The Amendment reinforces 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 passed to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government. The Amendment reinforces the Federal Government's limited powers by stating that any powers not explicitly granted to the federal government by the Constitution are reserved for state and local governments, or to the people. This principle, known as federalism, ensures that the federal government cannot regulate or command state governments to adopt policies or enforce federal laws.
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." This amendment clarifies that the federal government's powers are limited to those enumerated in the Constitution. Each state retains its sovereignty, freedom, and independence, and any powers not expressly delegated to the federal government are reserved for the states.
The Tenth Amendment has been interpreted by the Supreme Court as a "truism" and a "tautology", meaning that it simply restates the relationship between the national and state governments as established by the Constitution. However, it has also been used as a basis for states to assert exemption from certain federal regulations, particularly in areas like labor and environmental controls. For example, in South Carolina v. Baker (1988), the Court said that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation or enforce federal law.
The Tenth Amendment also played a role in the case of United States v. Lopez (1995), where a federal law mandating a "gun-free zone" on and around public school campuses was struck down by the Supreme Court. The Court ruled that there was no clause in the Constitution authorizing the federal law, thus limiting the government's power under the Commerce Clause. While the Tenth Amendment has been deemed a "truism", it has also provided a basis for legal challenges and reinforced the limited powers of the federal government in relation to the states.
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States' rights and sovereignty
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, which outlines a system of shared power between the federal government and individual states.
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 means that any powers not explicitly granted to the federal government by the Constitution are left to the states or the people. The amendment clarifies the limited nature of the federal government's powers, emphasising that the inclusion of a bill of rights does not expand its authority.
The Tenth Amendment reinforces the sovereignty, freedom, and independence of each state. It ensures that state sovereignty is maintained within the political system established by the Constitution. This amendment was particularly important to Anti-Federalists, who opposed a strong federal government. It also addresses the rights retained by the people, highlighting the foundational role of the people in the constitutional republic.
Over time, the Tenth Amendment has been invoked in various contexts. In the 19th century, several states attempted to nullify federal laws and Supreme Court decisions, citing state sovereignty. The most notable example was the Nullification Crisis, where South Carolina declared tariffs from 1828 and 1832 void within the state. This was eventually resolved through a combination of lowered tariffs and the threat of military intervention by President Andrew Jackson.
In the 20th century, the Tenth Amendment gained new relevance in the 1950s when Southern states resisted federal desegregation orders, arguing that they infringed on states' rights. Since 1976, a line of cases has emerged that gives substantive constitutional content to the Tenth Amendment, with the Supreme Court finding limits on the federal government's power to regulate states directly. In 1992, the Court reaffirmed that the Tenth Amendment prohibits the federal government from forcing states to pass or enforce certain legislation.
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The Amendment's role in state and federal law
The Tenth Amendment to the United States Constitution was proposed by the 1st United States Congress in 1789 and ratified in 1791. 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.
The Amendment's purpose is to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers. In other words, it clarifies that any powers not specifically granted to the federal government by the Constitution are reserved for state and local governments. This amendment was considered a prerequisite by many members of Congress before they would ratify the Constitution, particularly to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government.
The Tenth Amendment has played a significant role in shaping the relationship between state and federal law in the United States. It has been invoked in several court cases to challenge federal laws and regulations that are seen as infringing on states' rights. For example, in the case of United States v. Lopez (1995), the Supreme Court struck down a federal law mandating a "gun-free zone" on and around public school campuses, ruling that there was no clause in the Constitution authorizing the federal law. Similarly, in New York v. United States (1992), the Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which made states liable for damages related to radioactive waste within their borders.
The Tenth Amendment has also been used to argue for states' rights in the context of racial segregation. In the 1950s, the integration crisis in Little Rock, Arkansas, sparked a national debate on racism, segregation, and states' rights, with the Tenth Amendment being cited by those who opposed federal intervention.
The Amendment continues to shape the dynamic between state and federal law, with the Supreme Court ruling in 1992 that it prohibits the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. This ruling reaffirmed the Amendment's role in maintaining the balance of power between the states and the federal government.
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The Tenth Amendment's historical context
The Tenth Amendment to the United States Constitution was ratified on December 15, 1791, as part of the Bill of Rights. It was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution. The Amendment expresses the principle of federalism, outlining a power-sharing agreement between the federal government and individual states.
The Amendment's historical context is rooted in the desire to address concerns about the balance of power between the federal government and the states. Thomas Burke, a staunch supporter of states' rights in the Continental Congress, originally proposed the text of what would become the Tenth Amendment. Burke aimed to eliminate any ambiguity regarding the distribution of power between state and federal governments. Other Founding Fathers, such as James Wilson, John Dickinson, and Richard Henry Lee, disagreed with this amendment.
The Tenth Amendment was also intended to appease Anti-Federalists, who opposed the formation of a stronger federal government. James Madison, who introduced the Tenth Amendment in Congress, acknowledged that many states were eager to ratify it, despite criticism that it was superfluous. The Amendment's text emphasizes that the federal government possesses only the powers explicitly delegated to it by the Constitution. Any powers not expressly granted to the federal government are reserved for the states or the people.
The Tenth Amendment has been invoked in several court cases to define the boundaries between federal and state power. For instance, in Garcia v. San Antonio Metropolitan Transit Authority (1985), the Court overruled National League of Cities v., and in subsequent cases, it established limits on the federal government's power to regulate states directly. The Amendment continues to shape discussions and interpretations of federalism and the division of powers in the United States.
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Frequently asked questions
The 10th Amendment to the United States Constitution states that any powers not granted to the federal government are "reserved to the states, or to the people".
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.
In 2018, the Supreme Court declared the PASPA unconstitutional under the 10th Amendment. The federal government had overstepped its powers, and the Court said that a federal law cannot "commandeer the legislative process of the states by compelling them to enact or enforce a regulatory program".
