
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, reserves powers for state governments and maintains a balance of power between them and the federal government. The Tenth Amendment is a part of the Bill of Rights and expresses the principle of federalism, which outlines a mutual agreement for power-sharing between the federal government and individual states. This amendment clarifies that the federal government only holds powers explicitly delegated to it by the Constitution, and all other powers not prohibited to the states are reserved for them.
| Characteristics | Values |
|---|---|
| Name of Amendment | Tenth Amendment |
| Date Passed by Congress | September 25, 1789 |
| Date Ratified | December 15, 1791 |
| Part of | The Bill of Rights |
| Purpose | Reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Powers Reserved for States | All powers not given to the federal government |
| Powers Reserved for Federal Government | Only those powers delegated to it by the Constitution |
| Powers Reserved for People | All powers not forbidden to the people by the Constitution |
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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 originated from debates surrounding the inclusion of a Bill of Rights in the Constitution, with some arguing that the federal government should have limited powers to protect against potential infringements on people's liberties.
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Powers reserved for states
The Tenth Amendment of the US Constitution is the constitutional amendment that allows states to reserve powers. Passed by Congress on September 25, 1789, and ratified on December 15, 1791, the Tenth Amendment grants powers to the states that are not explicitly given to the federal government. This amendment maintains a balance of power between the federal and state governments and protects states' rights.
The Tenth Amendment specifies that any powers not delegated to the United States by the Constitution and not prohibited by it to the states are reserved for the states or the people. In other words, if the Constitution does not list a specific power, it is reserved for the states to handle. This allows states the freedom to experiment with different ideas and programs, earning them the nickname "laboratories of democracy".
Examples of powers reserved for the states include the use of police powers to regulate public welfare and morality. States also have the authority to regulate working conditions and enforce labour laws within their jurisdictions, as seen in the case of San Antonio Metropolitan Transit Authority (SAMTA) vs. Garcia, where a SAMTA employee sued for unpaid overtime wages.
The Tenth Amendment also safeguards the principles of federalism, which refers to the division of power between the federal and state governments. It limits the federal government's ability to regulate state governments and enforce federal laws, ensuring that states maintain their sovereignty.
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Federalism
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a key component of federalism in the United States. Federalism refers to the division of power between the federal government and state governments, with the amendment clarifying that the federal government's powers are limited to those explicitly granted by the Constitution. Any powers not specifically delegated to the federal government are left to the states or the people, ensuring a balance of power and allowing states the autonomy to experiment with different policies.
The Tenth Amendment expresses the principle of federalism, which outlines a system of shared power between the federal and state governments. This amendment was designed to address concerns about the potential overreach of the new national government and to reassure states that they would retain their reserved powers. The amendment 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 wording highlights the limited nature of the federal government's authority and the sovereignty of the states in all other matters.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its boundaries. For example, in United States v. Sprague (1932), the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified," emphasising the limited powers of the federal government. Similarly, in National League of Cities v. Usery (1976), the Court's decision turned on whether state activities were "traditional" or "integral" to state governance. However, this interpretation was later overruled in Garcia v. San Antonio Metropolitan Transit Authority (1985), where the Court concluded that the Framers believed state sovereignty was inherent.
The Tenth Amendment also allows states to act as "laboratories of democracy," experimenting with different policies and programmes without federal interference. This aspect of federalism encourages innovation and adaptability at the state level, providing a degree of flexibility and local control. It enables states to address their specific needs and priorities, tailoring policies to their unique demographics and values.
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State police powers
The Tenth Amendment of the US Constitution states that "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 includes the police powers of the states, which refer to the ability of state governments to enact and enforce laws for the public good, separate from the federal government's powers.
The division of police powers between the federal and state governments is an important aspect of US constitutional law. While the federal government has limited powers to enact legislation as defined by the Supreme Court, the states possess broad regulatory powers, including the authority to regulate public welfare, morality, and land use.
While state police powers are extensive, they are not without limits. Court cases have restricted the ability of states to infringe upon implied constitutional rights and have demanded a stricter standard of reasonability. For example, in Commonwealth v. Alger, Chief Justice Lemuel Shaw recognised constitutional restraints on police power, stating that laws must apply equally and that government interferences with individual rights must be reasonable and clearly related to a legitimate legislative purpose.
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Supreme Court interpretations
The Tenth Amendment to the U.S. Constitution specifies that any powers not explicitly granted to the federal government are reserved for state and local governments. This amendment maintains a balance of power between the federal and state governments and protects states' rights by limiting the federal government's ability to regulate state policies.
The Supreme Court's interpretation of the Tenth Amendment has evolved over time, with several landmark cases shaping its understanding. In the nineteenth century, Chief Justice John Marshall's landmark opinion in McCulloch v. Maryland established the federal government's power to charter a national bank, despite it not being listed as an enumerated power.
In the early twentieth century, the Court relied on the Tenth Amendment to strike down various economic regulations as invasions of the police power reserved for states. For example, in Hammer v. Dagenhart (1918), the Court invalidated a federal prohibition on interstate trafficking in goods produced by child labour, recognising it as an invasion of state power.
In the 1930s, President Franklin D. Roosevelt introduced the New Deal, which aimed to regulate interstate commerce and balance competing economic interests. The Supreme Court issued several landmark decisions related to Congress's powers under the commerce clause and the relationship between federal and state regulatory powers.
In the 1970s, the Supreme Court began to give more substantive constitutional content to the Tenth Amendment, further shaping its interpretation. In the 1990s, the Court's decision in New York v. United States affirmed that the Tenth Amendment prohibits Congress from directly compelling states to enact or enforce federal regulatory programs, establishing the anti-commandeering doctrine.
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Frequently asked questions
The Tenth Amendment.
The Tenth Amendment states that any powers not specifically given to the federal government are reserved for the states and the people.
The Tenth Amendment was ratified on December 15, 1791.
The purpose of the Tenth Amendment is to reaffirm the principles of federalism and reinforce the notion that the federal government maintains only limited powers.
Examples of powers reserved for the states include the ability to regulate public welfare and morality, and the freedom to try out different ideas and programs.

























