Jonah Patel
The Tenth Amendment to the United States Constitution, which 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, is most frequently associated with states' rights. The amendment, passed by Congress in 1789 and ratified in 1791, was designed to reaffirm the principles of federalism and ensure that the federal government maintained only limited, enumerated powers. The Tenth Amendment has been invoked in several Supreme Court decisions to determine if the federal government has overstepped its bounds, and it played a significant role during the Civil Rights era when states attempted to resist claims of civil rights.
| Characteristics | Values |
|---|---|
| Name | Tenth Amendment |
| Date Passed by Congress | September 25, 1789 |
| Date Ratified | December 15, 1791 |
| Purpose | To reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Text | "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." |
| Origin | Proposed by Thomas Burke, a vehement supporter of states' rights in the Continental Congress |
| Supreme Court Decisions | New York v. United States (1992), Printz v. United States (1997), South Dakota v. Dole (1987), South Carolina v. Baker (1988) |
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What You'll Learn
The Tenth Amendment and the Bill of Rights
The Tenth Amendment, part of the Bill of Rights, is often associated with states' rights. The Tenth 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." In other words, it emphasizes that the federal government only has the powers that are specifically granted to it by the Constitution, and any powers not delegated remain with the states or the people.
The Bill of Rights, the first ten amendments to the Constitution, was added to address concerns about limitations on government power and to safeguard individual liberty. The Tenth Amendment, in particular, highlights the theme of popular sovereignty, underscoring the foundational role of the people in the constitutional republic. It serves as a reminder that the federal government is one of limited and enumerated powers, and any exercise of federal power must be scrutinized in light of these constraints.
The Tenth Amendment has been invoked in several Supreme Court cases, including New York v. United States (1992), Printz v. United States (1997), and South Dakota v. Dole (1987). These cases often involve conflicts between federal and state governments, with the Tenth Amendment being used to argue against federal overreach or encroachment on state autonomy.
However, the Tenth Amendment has also been associated with controversial assertions of "states' rights" during the Civil Rights era. During this time, some states attempted to resist civil rights claims and enforce racial inequality, using the Tenth Amendment as a justification. This led to a decline in the prominence of the Tenth Amendment, as it was seen as a relic of the past rather than a guiding principle for the future.
In recent years, there has been a revival of interest in the Tenth Amendment, with some arguing for its interpretation as an independent source of constitutional principles of federalism. This remains a matter of significant controversy, with ongoing debates about the true nature and scope of the Tenth Amendment's relevance in modern times.
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The Tenth Amendment and racial inequality
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share powers 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 are reserved for the states or the people.
The Tenth Amendment has been interpreted in various ways and has been associated with assertions of "states' rights". During the Civil Rights era, the Tenth Amendment was used to resist claims of civil rights, with the assertion that the powers reserved to the states included the power to enforce racial inequality. For example, in Cooper v. Aaron (1958), the Supreme Court dealt with states' rights and the Tenth Amendment when conflicts arose in direct response to the ruling of Brown v. Board of Education (1954), in which the Supreme Court unanimously declared racial segregation of children in public schools unconstitutional. Following this, the court ordered district courts and school boards to proceed with desegregation. One of the opponents of this decision was the Governor of Arkansas, Orval Faubus, who ordered the National Guard to prevent a group of Black students from entering an all-white school.
The Tenth Amendment has also been interpreted as a truism, with the understanding that no law that was constitutional before its ratification becomes unconstitutional because of its existence. This interpretation was held by the Supreme Court for nearly two centuries. However, beginning in 1976, a line of cases has emerged that seems to give substantive constitutional content to the Tenth Amendment, such as in Garcia v. San Antonio Metropolitan Transit Authority (1986), where a narrow majority of the Supreme Court held that a city was required to comply with federal labor laws, and that state sovereignty interests should be protected.
The amendment has also been interpreted as a statement of popular sovereignty, highlighting the foundational role of the people in the constitutional republic. It emphasises 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. This interpretation is supported by the amendment's simple language, which refers to "rights...retained by the people" and "powers...reserved...to the people".
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The Tenth Amendment and federalism
The Tenth Amendment, which was added to the US Constitution as part of the Bill of Rights in 1791, is often associated with states' rights and federalism. The 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 amendment emphasizes the principle of federalism by clarifying that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. In other words, it reinforces the idea of limited federal government and ensures that individual liberty is protected through a division of power between the states and the federal government.
While the Tenth Amendment does not confer any authority, it serves as a reminder of the importance of states' rights and the foundational role of the people in the constitutional republic. It has been interpreted as a safeguard against an overreaching federal government, ensuring that federal power is constrained by the enumerated powers granted in the Constitution.
The Tenth Amendment has had a complex history. In the early 20th century, the Supreme Court relied on it to resist expanded assertions of national power. However, during the New Deal era, the expanded role of the national government led to a decline in the prominence of the Tenth Amendment. It was also associated with assertions of "states' rights" during the Civil Rights era, as some argued that states had the power to enforce racial inequality.
In recent decades, there has been a revival of attention to the Tenth Amendment, with the emergence of “Tenth Amendment doctrine" cases that involve federal regulation or command over state governments. The amendment continues to be a subject of controversy, with ongoing debates about its interpretation and role in shaping the balance of power between the federal government and the states.
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The Tenth Amendment and individual citizens
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 the Bill of Rights. This amendment is closely associated with states' rights and the preservation of powers for individual states or citizens.
The text of 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 amendment clarifies that the federal government's powers are limited to those explicitly granted in the Constitution, reinforcing the principles of federalism.
The Tenth Amendment has been a subject of controversy, with critics deeming it superfluous or unnecessary during its proposal. However, its supporters, including Thomas Burke and James Madison, argued that it ensured clarity and emphasised the foundational role of the people in the constitutional republic. Despite the criticism, the amendment was ratified by the states, demonstrating their desire to limit federal power to only those explicitly delegated.
While the Tenth Amendment asserts states' rights, it has not been invoked by the Court to protect individual citizens against federal power. During the Civil Rights era, the amendment was associated with states' resistance to civil rights claims, as it was interpreted as allowing states to enforce racial inequality. This controversial interpretation contributed to the amendment's decline in prominence during that time.
In summary, the Tenth Amendment, though controversial, remains a significant aspect of the Bill of Rights, emphasising the limited nature of federal power and the preservation of states' rights and citizens' sovereignty. Its interpretation and application continue to be debated, particularly in the context of federalism and civil rights.
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The Tenth Amendment and state sovereignty
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It is the constitutional amendment most frequently associated with states' rights. The Tenth Amendment expresses the principle of federalism, whereby the federal government and the individual states share power by mutual agreement.
The 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 to each state or to the people. In other words, 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 proposed to ensure there was no ambiguity concerning differences in state or federal power.
The Tenth Amendment has been interpreted to protect state sovereignty in certain contexts. For example, in South Carolina v. Baker (1988), the Supreme Court held that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. Similarly, in Garcia v. San Antonio Metropolitan Transit Authority (1986), the Supreme Court held that state sovereignty interests should be protected by the participation of states in the national political process, rather than by judicially-enforced principles of federalism.
However, the Tenth Amendment has also been criticised as a truism and a tautology, with limited practical impact. Some have argued that the Amendment has not been effective in protecting individual citizens against the exercise of federal power. During the Civil Rights era, for example, the Tenth Amendment was associated with assertions of "states' rights" to resist claims of civil rights, which led to its decline in popularity.
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Frequently asked questions
The Tenth Amendment to the United States Constitution is most frequently associated with states' rights.
The Tenth Amendment reaffirms the principles of federalism and reinforces the notion that the federal government maintains only limited, enumerated powers.
Thomas Burke, a supporter of states' rights, originally proposed the text of what would become the Tenth Amendment. It was passed by the Continental Congress, and ratified in 1791 as part of the Bill of Rights.
