Eleanor Finch
The Tenth Amendment to the US Constitution chiefly empowers state governments. Passed by Congress on September 25, 1789, and ratified on December 15, 1791, the Tenth Amendment reserves to the states or the people any powers the Constitution does not grant to the federal government. It specifies that every power not granted to the federal government is delegated to state governments. In other words, the Tenth Amendment reinforces the idea that every power not explicitly granted to the federal government is reserved for the states.
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What You'll Learn
The Tenth Amendment defines federalism
The Tenth Amendment to the US Constitution chiefly empowers state governments by defining federalism. The Tenth Amendment was ratified on December 15, 1791, as part of the Bill of Rights. It is a brief sentence that grants state governments all powers not specifically delegated to the federal government by the Constitution. The Constitution established a federal government with defined powers, and the Tenth Amendment reinforces the idea that every other power is reserved for the states.
The Tenth Amendment expresses the principle of federalism, which refers to the division of power between the federal government and individual states, who share power by mutual agreement. The amendment specifies that the federal government only has the powers delegated to it by the Constitution, and that all other powers not forbidden to the states are reserved for the states or the people. This maintains a balance of power between the federal government and state governments and allows states the freedom to try out different ideas and programs.
The Tenth Amendment is unique in that it does not explicitly grant constitutional rights. Instead, it acts as a rule for interpreting the Constitution, clarifying that the Bill of Rights does not enumerate all possible rights of the people. The Tenth Amendment's simple language emphasizes that the inclusion of a Bill of Rights does not change the fundamental character of the national government, which remains a government of limited and enumerated powers.
The Tenth Amendment has been the subject of controversy, with some legal scholars classifying it as a tautology or a truism. The Supreme Court has also asserted that the amendment added nothing to the [Constitution] as originally ratified. However, the Tenth Amendment has been invoked in several cases to protect state sovereignty and limit the power of the federal government to regulate or command state governments directly.
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It balances federal and state interests
The Tenth Amendment chiefly empowers state governments by reserving for them all powers not specifically granted to the federal government by the US Constitution. This amendment, passed by Congress in 1789 and ratified in 1791, is part of the Bill of Rights. It is unique in that it does not explicitly grant constitutional rights but acts as a rule for interpreting the Constitution.
The Tenth Amendment specifies that every power not explicitly granted to the federal government is reserved for the states or the people. This helps to maintain a balance of power between the federal government and the states, a concept known as federalism. Federalism refers to the division of power between the federal and state governments, protecting states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws.
The Tenth Amendment gives states the freedom to try out different ideas and programmes, earning them the nickname "laboratories of democracy". It also allows states to use their police powers to regulate public welfare and morality. For example, states can choose to adopt policies such as legalized casino gambling.
The Tenth Amendment's language implies that the powers granted to the federal government by the Constitution are exhaustive. This means that if the Constitution grants a specific power to the federal government, it is that government's power alone. Every unenumerated power is a power reserved for the states.
The Tenth Amendment helps define the relationship between federal and state governments, ensuring that state interests are balanced with federal interests.
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States regulate public welfare and morality
The Tenth Amendment to the U.S. Constitution chiefly empowers state governments. 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". This means that the Constitution enumerates the powers of the national government, reserving all other powers for the states and the people.
These reserved powers give states substantial power within the federal system and their own sphere of authority. Specifically, they provide states with the authority to legislate for the public health, safety, and morals of their citizens. This is known as state "police power".
State regulation of morality, or "morality policy", takes the form of governmental regulation of social relationships or interpersonal conduct. Examples of the dominance of state regulation of moral issues are numerous, from state anti-obscenity laws to the regulation of abortion, gun control, LGBTQI rights and same-sex marriage, capital punishment, school prayer, pornography, gambling, sex education, the right to die, affirmative action, and religious liberty cases.
The Supreme Court has intervened in the area of morality policy numerous times. For example, in three cases spanning from 1962 to 1963, the Court ruled that school prayer was a violation of the Establishment Clause of the First Amendment, striking down the practices of 37 states that required or condoned the reading of the Bible in their public schools. In 1973, the Court legalized abortion during the first trimester of pregnancy, effectively nullifying abortion statues in 46 states.
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The Constitution confines federal powers
The US Constitution chiefly empowers state governments through the Tenth Amendment, which was ratified in 1791. This amendment grants state governments all powers not specifically delegated to the federal government by the Constitution. In other words, it reserves for the states any powers that the Constitution does not explicitly grant to the federal government.
The Tenth Amendment is a key part of the Constitution's confinement of federal powers. The Constitution established a federal government with defined powers, and while the federal government possesses significant authority, the Constitution explicitly limits that authority to the powers listed within it. This is known as federalism, a basic concept embodied in the Constitution, which refers to the division and sharing of power between the national and state governments.
The Tenth Amendment reinforces the idea that every power not specifically granted to the federal government is reserved for the states. For example, the Constitution enumerates Congress's powers in Article I, Section 8, and the powers of the executive and judicial branches in Articles II and III, respectively. These branches have no other powers than those enumerated in the respective Articles.
The Framers of the Constitution sought to preserve liberty by diffusing power between the federal and state governments. This was achieved through federalism, which protects individual liberty from arbitrary power by preventing any one government from having complete jurisdiction over all aspects of public life.
In summary, the US Constitution confines federal powers by explicitly limiting the authority of the federal government to the powers listed within it and reserving all other powers for the states, as outlined in the Tenth Amendment. This amendment chiefly empowers state governments by granting them a broad range of powers not specifically delegated to the federal government.
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The Tenth Amendment clarifies the Bill of Rights
The Tenth Amendment chiefly empowers state governments by reserving for them all powers not explicitly granted to the federal government by the US Constitution. Passed by Congress on September 25, 1789, and ratified on December 15, 1791, the amendment is part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The Tenth Amendment is brief, consisting of just a single sentence. However, that sentence is significant in clarifying the balance of power between the federal government and the states. It ensures that the federal government's authority is confined to the powers specifically listed in the Constitution, while all other powers are delegated to the states. This dynamic is summed up in the phrase "all is retained which has not been surrendered."
The Tenth Amendment is often discussed alongside the Ninth Amendment, which clarifies that the Bill of Rights does not provide an exhaustive list of the people's rights. Similarly, the Tenth Amendment implies that the powers granted to the federal government by the Constitution are exhaustive. This interpretation of the Tenth Amendment provides a framework for interpreting the Constitution and helps maintain a balance between federal power and state sovereignty.
The Tenth Amendment also allows states the freedom to experiment with different ideas and programs without being subject to federal command. This principle of federalism, or the division of power between federal and state governments, is a key feature of the US political system. It protects states' rights and limits the federal government's ability to regulate state policies or enforce federal laws at the state level.
In conclusion, the Tenth Amendment to the US Constitution chiefly empowers state governments by reserving for them all powers not specifically granted to the federal government. This amendment clarifies the Bill of Rights by enumerating the federal government's powers while ensuring that all other powers are retained by the states.
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Frequently asked questions
The Tenth Amendment chiefly empowers state governments.
The Tenth Amendment states that any powers the Constitution does not grant to the federal government are reserved to the states (or the people), except for powers the Constitution specifically withholds from the states.
The Tenth Amendment helps to define the concept of federalism, the relationship between the federal and state governments. It maintains a balance of power between them and allows states the freedom to try out different ideas and programs.
