Omar Bennett
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, states that any powers not specifically delegated to the federal government are reserved for the states or the people. This amendment clarifies the balance of power between the federal government and the states, ensuring that the federal government does not overstep its authority. The Tenth Amendment has been invoked in several Supreme Court decisions, such as United States v. Lopez (1995), where the Court ruled against a federal law establishing gun-free zones on school campuses as it was not authorized by the Constitution. The Fourteenth Amendment also plays a role in defining the relationship between state and federal law, guaranteeing due process and equal protection under the law, and granting federal courts the authority to intervene when states threaten the fundamental rights of their citizens.
| Characteristics | Values |
|---|---|
| Name of Amendment | Tenth Amendment |
| Date of Ratification | December 15, 1791 |
| Powers | Reserved for the states or the people any powers not specifically given to the federal government or withheld from the states |
| Supreme Court Decisions | United States v. Lopez (1995), Gonzales v. Raich (2005), Cooper v. Aaron (1958), United States v. Alfonso D. Lopez, Jr. (1995), South Carolina v. Baker (1988) |
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What You'll Learn
The Tenth Amendment
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 was drafted by Connecticut Representative Roger Sherman and introduced in Congress by James Madison.
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State sovereignty
The Tenth Amendment to the United States Constitution 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 has been interpreted as protecting state sovereignty, with the Supreme Court ruling that it prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law. The Tenth Amendment has been used to argue for the right of states to nullify federal laws that they consider unconstitutional, a legal theory known as "nullification".
The concept of state sovereignty is not limited to the US, and is a widely recognised principle of international law. There are currently over 200 sovereign states recognised internationally, most of which are members of the United Nations. A sovereign state is defined as a political entity that has complete autonomy and self-determination over its internal and external affairs. This concept is characterised by five essential elements: a defined territory, a permanent population, a government free from foreign control, independence from external powers, and the ability to engage in relations with other states.
The Treaty of Westphalia in 1648 is considered to be the first recognition of state sovereignty, and established the principle of non-interference and equality among nations in international law. However, membership in international organisations such as the European Union (EU) and the United Nations (UN) may require states to relinquish certain aspects of their sovereignty in favour of collective governance and policy-making.
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Federal laws and state laws
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, clarifies the respective powers of the federal government and the states. It states that any powers not specifically granted to the federal government, nor prohibited to the states, are reserved for the states or the people. This amendment was proposed by Connecticut Representative Roger Sherman and asserted that the federal government's powers are limited to those explicitly stated in the Constitution, with all other powers belonging to the states or the people.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority. For example, in United States v. Lopez (1995), the Supreme Court ruled that a federal law creating "gun-free zones" on public school campuses was unconstitutional because the Constitution does not authorise it. Similarly, in Gonzales v. Raich (2005), the Supreme Court addressed the conflict between federal and state cannabis legislation. Despite California legalising medical cannabis under state law, the Supreme Court upheld the federal Controlled Substances Act, which prohibits cannabis, arguing that growing cannabis, even for personal use, affects the interstate cannabis market.
The Fourteenth Amendment also plays a role in balancing federal and state laws by guaranteeing certain privileges and immunities to citizens and providing for due process and equal protection under the law. It grants federal courts the authority to intervene when a state threatens the fundamental rights of its citizens, ensuring that the Bill of Rights applies to the states through the Due Process Clause.
While the Tenth Amendment asserts states' rights, it is not absolute. The Supremacy Clause of Article VI establishes the Constitution as the supreme law of the land, and the Supreme Court has ruled that the Tenth Amendment does not allow states to nullify federal laws they deem unconstitutional. In Cooper v. Aaron, the Supreme Court rejected attempts by several states to resist federal desegregation orders, asserting that states cannot invalidate federal laws, even if they believe they infringe on states' rights.
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State powers
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, clarifies the respective powers of the federal government and the states. It states that any powers not specifically granted to the federal government, nor prohibited to the states, are reserved for the states or the people. This amendment was proposed by Connecticut Representative Roger Sherman and asserted state sovereignty while also allowing for an expansive interpretation of the Necessary and Proper Clause.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government acted within its authority. For example, in United States v. Lopez (1995), the Supreme Court ruled that a federal law creating "gun-free zones" on public school campuses was unconstitutional because there was no clause in the Constitution authorising it. This case limited the federal government's power under the Commerce Clause and demonstrated the Tenth Amendment's role in safeguarding states' rights and preventing federal overreach.
Another significant case is Gonzales v. Raich (2005), where the Supreme Court ruled that the federal Controlled Substances Act prohibiting cannabis superseded California's state law allowing medical cannabis. The Court reasoned that growing one's cannabis crop affects the interstate market, highlighting the complex interplay between state and federal laws.
The Fourteenth Amendment also plays a crucial role in defining state powers. It grants federal courts the authority to intervene when a state threatens the fundamental rights of its citizens. This amendment ensures that states cannot make or enforce laws that infringe on the privileges or immunities of US citizens. It also guarantees due process and equal protection under the law, shaping the relationship between states and their citizens.
While the Tenth Amendment affirms states' rights, it is essential to recognise that the Supremacy Clause of Article VI establishes the Constitution as the supreme law of the land. This clause empowers the Supreme Court to interpret constitutional law and determine the legality of state actions, as seen in cases like Cooper v. Aaron, where the Court rejected states' attempts to resist federal desegregation orders.
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Supreme Court rulings
The Tenth Amendment to the United States Constitution 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.
Since 1992, the Supreme Court has ruled that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law.
United States v. Lopez (1995)
The Supreme Court ruled that there was no clause in the Constitution authorising a federal law mandating a "gun-free zone" on and around public school campuses. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
Gonzales v. Raich (2005)
Despite medical cannabis being legal under California state law, the Supreme Court ruled that growing one's own cannabis affects the interstate market and is therefore prohibited at the federal level.
South Carolina v. Baker (1988)
The Court said in dicta that an exception to Garcia would be when a state was left "politically isolated and powerless" by a federal law.
Brown v. Board of Education
The Supreme Court ordered desegregation of schools, and Southern states in response mounted a campaign of massive resistance, arguing that federal desegregation orders infringed on states' rights. The Supreme Court rejected these declarations and held nullification and interposition impermissible.
Maryland v. The New York Times
The Supreme Court ruled in favour of the New York Times, saying that the right to publish all statements is protected under the First Amendment.
Gideon v. Wainwright (1963)
The Supreme Court ruled that indigent criminal defendants must be provided with an attorney free of charge.
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Frequently asked questions
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, states that any powers not specifically given to the federal government are reserved for the states or the people.
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."
The Tenth Amendment was designed to limit the federal government's powers and protect states' rights and the liberties of the people.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority. For example, in United States v. Lopez (1995), the Supreme Court ruled that a federal law mandating "gun-free zones" on school campuses was unconstitutional as it was not authorized by the Constitution.
