Omar Bennett
The US Constitution outlines the powers of the federal government and those reserved for the states. The Tenth Amendment, ratified in 1791, grants state governments all powers not specifically delegated to the federal government. This maintains a balance of power between the federal government and the states, allowing states the freedom to experiment with different ideas and programs. The Supreme Court has interpreted the Tenth Amendment in several landmark cases, including those involving Congress's power to regulate interstate commerce and states' police powers. These cases have shaped the understanding of federalism and the respective powers of the federal government and the states.
| Characteristics | Values |
|---|---|
| Powers not delegated to the U.S. by the Constitution | Reserved to the States or to the people |
| Powers not prohibited by the Constitution to the States | Reserved to the States or to the people |
| Powers not specifically granted to the federal government by the Constitution | Granted to the States |
| State power to regulate public welfare and morality | Included in police powers |
| State power to legislate | Cannot be forced by Congress |
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What You'll Learn
The Tenth Amendment grants states powers not delegated to the federal government
The Tenth Amendment to the U.S. Constitution, ratified by the states in 1791, is a brief but significant part of the Bill of Rights. It addresses the power dynamic between the federal and state governments, reserving powers for the states that are not specifically granted to the federal government. This amendment ensures that the federal government's authority is confined to the powers explicitly listed in the Constitution, with all other powers delegated to the states.
The Tenth Amendment grants state governments the powers not delegated to the federal government by the Constitution. This means that if a power is not specifically granted to the federal government, it is reserved for the states. The amendment helps maintain a balance of power between the federal and state governments and provides states with the freedom to experiment with different ideas and programs.
An example of the Tenth Amendment in action is the Supreme Court case regarding the storage of radioactive waste in New York State. The Court ruled that the "take title" incentive of the program was impermissibly coercive and violated the Tenth Amendment by threatening state sovereignty. This case demonstrated the limits of federal power and affirmed the states' reserved powers.
The interpretation and application of the Tenth Amendment have evolved over time. In the 1930s, President Franklin D. Roosevelt's New Deal, which embraced a government-regulated economy, faced legal challenges that led to landmark Supreme Court cases interpreting the amendment and Congress's commerce powers. These cases explored the relationship between Congress's power to regulate interstate commerce and the states' police powers.
In summary, the Tenth Amendment ensures federalism by delineating the powers of the federal government and reserving all other powers for the states. It grants state governments the authority to regulate public welfare and morality and maintain a balance of power within the federal system. The amendment has been interpreted and enforced by the Supreme Court, shaping the dynamic between federal and state authorities.
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The federal government cannot regulate interstate commerce
The Tenth Amendment, ratified in 1791, is a key component of the U.S. Constitution that significantly shapes the power dynamics between the federal government and the states. It explicitly states that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. This amendment ensures a balance of power and allows states the autonomy to experiment with different policies and programs.
One notable example of the states' reserved powers is their ability to regulate public welfare and morality through their police powers. This includes the authority to manage and control specific issues within their borders, such as radioactive waste disposal, as seen in the Supreme Court case involving New York State. The Court ruled that while New York's participation in the program was voluntary, the "take title" incentive violated the Tenth Amendment by coercing state governments to comply with certain programs.
The Commerce Clause, which grants Congress the power to regulate commerce among the states, has been a subject of debate in several Supreme Court cases. These cases explored the boundaries between Congress's power to regulate interstate commerce and the states' police powers. The outcome of these cases has shaped the interpretation of the Tenth Amendment and federalism.
While the federal government has the authority to regulate interstate commerce, the Tenth Amendment ensures that states retain significant power in this area. The amendment serves as a check on federal power, preventing overreach and maintaining the sovereignty of the states in areas not explicitly delegated to the federal government. This dynamic, as intended by the Constitution, fosters a system of federalism that balances the interests of a unified nation while preserving states' rights and autonomy.
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State sovereignty and federalism
The United States Constitution establishes federalism between the states and the federal government. Federalism is a system of government in which power is divided between a central government and various state governments.
Article I, Section 8 of the Constitution describes specific powers that belong to the federal government. These powers are referred to as "enumerated powers". The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. These reserved powers include creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local governments.
Concurrent powers refer to powers shared by both the federal and state governments. This includes the power to tax, build roads, and create lower courts.
Article I, Section 10 of the Constitution outlines limitations on the powers of the states. For example, no state can, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in times of peace, enter into agreements or compacts with another state or foreign power, or engage in war unless actually invaded or in imminent danger.
The Supremacy Clause of the Constitution establishes that federal law supersedes state law in cases of conflict. This means that when a state law contradicts a federal law, the federal law takes precedence and must be followed.
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The Civil Rights Act of 1866 and the Fourteenth Amendment
The Civil Rights Act of 1866 was enacted to protect the civil rights of people of African descent born in or brought to the United States, in the aftermath of the Civil War. The Act was passed by Congress in 1866, but initially vetoed by President Andrew Johnson. However, Congress overrode the veto, marking the first time that a presidential veto for a significant piece of legislation had been overridden.
The Act declared that all people born in the United States, regardless of race, colour, or previous enslavement, are entitled to citizenship. It also affirmed that all citizens are equally protected by the law, and have the same rights as white citizens to make and enforce contracts, take legal action, give evidence in court, and own property.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, extended the liberties and rights granted by the Bill of Rights to formerly enslaved people. It granted citizenship to "all persons born or naturalized in the United States," and stated that no state could deprive any person of life, liberty, or property without due process, nor deny equal protection under the law.
The language of the Fourteenth Amendment closely resembled that of the Civil Rights Act of 1866, and the Act was reenacted in 1870 as an addendum to the Enforcement Act to ensure its constitutionality. The Fourteenth Amendment, however, fell short of extending the Bill of Rights to the states, and struggled to effectively protect the rights of Black citizens.
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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 means that the federal government does not hold a general police power and can only act where the Constitution enumerates a power. The states, therefore, hold the general police power, and their regulatory power is broad and limited mainly by the state constitution and certain federal powers.
State police power has been upheld in several court cases. For example, in 1850, the New Jersey Supreme Court held that a law enforcement officer could destroy buildings to prevent the spread of a fire. In 1872, the US Supreme Court upheld a New Orleans law requiring slaughterhouses to relocate to maintain city cleanliness and health. In 1854, the Vermont Supreme Court ruled that a statute requiring railroads to fence their lines and maintain cattle guards was a valid exercise of police power. More recently, in 2019, the California Supreme Court affirmed that the local police power includes broad authority to determine land use for public health, safety, and welfare.
The Tenth Amendment has been invoked by the Supreme Court to invalidate certain federal laws as invasions of state police powers. For instance, in the early 20th century, the Court invalidated federal laws regulating economic activity, such as taxes on the sale of grain futures, as they infringed on states' reserved police powers to regulate public welfare and morality. Similarly, in A.L.A. Schechter Poultry Corp. v. United States (1935), the Court relied on the Tenth Amendment to reject the argument that an economic emergency could justify federal legislation.
However, it is important to note that the federal government can still exert its powers conferred by the Constitution, even if similar incidents occur during a state's exercise of police power. For example, in Hamilton v. Kentucky Distilleries Co. (1919), the Court upheld a wartime prohibition on distilled spirits, acknowledging that while the United States lacks police power, its exercise of constitutional powers cannot be objected to based on similarities with state police power incidents.
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Frequently asked questions
The US Constitution denies the federal government the power to pass ex post facto laws, the power to tax citizens, the power to regulate interstate commerce, and the power to sign treaties with other countries.
Ex post facto laws are laws that would make an action illegal after it has already been performed. The US Constitution prohibits the federal government from passing such laws to protect individuals from being punished for actions that were not illegal at the time.
The Constitution denies states the power to enter into any treaty, alliance, or confederation, and the power to tax any of the agencies or functions of the national government.
The 10th Amendment declares that the states are governments of reserved powers, meaning they have powers that are not granted to the national government and are not denied to the states. These include the power to set the legal age for marriage without parental consent, to regulate the sale of pornography, to ban prostitution, to permit some forms of gambling, and to require that certain professionals be licensed to practice within the state.
