Simone Lawson
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement. The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not prohibited by the Constitution to the states are reserved for the states or the people. The amendment was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Part of | Bill of Rights |
| Purpose | To reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Powers | The federal government has only those powers delegated to it by the Constitution, and all other powers not forbidden to the states are reserved for each state or the people |
| Prohibitions | The federal government is prohibited from forcing states to pass or not pass certain legislation, or to enforce federal law |
Explore related products
The Tenth Amendment
The original 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 text was drafted by Connecticut Representative Roger Sherman, a Founding Father of the United States.
Missouri's Constitutional Amendments: When Do They Get a Vote?
You may want to see also
Federalism
The Tenth Amendment has been used by the Supreme Court to invalidate federal statutes and uphold state sovereignty. For example, in South Carolina v. Baker (1988), the Court said that an exception to Garcia would be when a state is left "politically isolated and powerless" by a federal law. The Court has also ruled that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation or enforce federal law.
The concept of states' rights is based on the tension between power resting in the federal government and that resting in the states. States' rights supporters argue that state governments are equal to, and may override, national government powers. This belief has been used to counter progressive federal legislation, such as during the Civil Rights movement, when states' rights arguments were used to reinforce restrictions and discriminatory tactics within the southern states.
The Ninth Amendment: Protecting Our Unwritten Rights
You may want to see also
State sovereignty
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and individual states share power by mutual agreement. 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 amendment was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution.
The Tenth Amendment has been interpreted by the Supreme Court as prohibiting the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. The Court has also applied the amendment to analyse congressional enactments that allegedly intrude upon state sovereignty.
The concept of state sovereignty has evolved over time, with the development of the principle of self-determination and the prohibition against the threat or use of force as jus cogens norms of modern international law. The United Nations Charter expresses the view that all states are juridically equal and enjoy the same rights and duties based on their existence as persons under international law. The right of nations to determine their political status and exercise sovereignty within their territorial jurisdictions is widely recognised. In political science, sovereignty is defined as the most essential attribute of the state, manifesting as its complete self-sufficiency and supremacy in domestic policy, as well as independence in foreign policy.
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 notion of state sovereignty gained significant recognition after the Treaty of Westphalia in 1648, which established principles of non-interference and equality among nations in international law.
The Westphalian System of state sovereignty recognises the right of princes "to confessionalize" the state, meaning they can determine the religious affiliation of their kingdoms. While sovereign states have traditionally enjoyed independence, membership in international organisations like the European Union (EU) and the United Nations (UN) may require them to relinquish certain aspects of their sovereignty for collective governance and policy-making.
Amending the Constitution: When and How?
You may want to see also
Explore related products
Ratification
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. The amendment expresses the principle of federalism, whereby the federal government and the individual states share power by mutual agreement. It 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 to each state or the people.
The Tenth Amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, particularly to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government. The amendment was passed by the Continental Congress, despite opposition from some Founding Fathers, including James Wilson, John Dickinson, and Richard Henry Lee.
The text of the Tenth Amendment was originally proposed by Thomas Burke, a vehement supporter of states' rights in the Continental Congress. Burke wanted to ensure there was no ambiguity concerning differences in state or federal power. After the American Revolution, South Carolina Representative Thomas Tudor Tucker and Massachusetts Representative Elbridge Gerry separately proposed similar amendments limiting the federal government to powers "expressly" delegated, which would have denied implied powers.
The Tenth Amendment has been interpreted by the Supreme Court in cases such as United States v. Sprague (1932) and South Carolina v. Baker (1988). In United States v. Sprague, the Court asserted that the amendment "added nothing to the [Constitution] as originally ratified." In South Carolina v. Baker, the Court said in dicta that an exception to Garcia v. San Antonio Metropolitan Transit Authority (1985) would be when a state lacked "any right to participate" in the federal political process or was left "politically isolated and powerless" by a federal law.
In addition to the Tenth Amendment, the Fourteenth Amendment to the United States Constitution, ratified in 1868, has also been significant in defining states' rights. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people and was intended to nationalize the Bill of Rights by making it binding upon the states.
The US Constitution's Eighth Amendment: History and Impact
You may want to see also
Anti-Federalists
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It was proposed to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government. Anti-Federalists were a loose political coalition of popular politicians, such as Patrick Henry, who opposed the strong central government envisioned in the US Constitution of 1787. They believed that the Constitution, as drafted, would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for the rise of tyranny. They advocated for a more decentralized form of government with greater protections for individual rights and stronger representation for the states.
The arguments of the Anti-Federalists influenced the formation of the Bill of Rights. As a response to the Anti-Federalists' demands for a bill of rights to guarantee specific liberties, the Federalists agreed to consider amendments to be added to the new Constitution. James Madison, a Federalist and the primary architect of the Constitution, introduced draft proposals of what would become the first ten amendments of the United States Constitution and advocated for their passage.
The Evolution of American Constitution Amendments
You may want to see also
Frequently asked questions
The Tenth Amendment to the United States Constitution defines states' rights.
The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution. All other powers not forbidden to the states by the Constitution are reserved for each state or the people.
The purpose of the Tenth Amendment is to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers.
