10th Amendment Research Paper

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

“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.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

“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.” The purpose of the tenth Amendment is to define the division of power between the federal government and state governments.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

In 1791, the tenth Amendment expressed, "The forces not appointed to the United States by the Constitution, nor precluded by it to the States, are saved to the States separately, or to the individuals." Public instruction was not said as one of those elected powers, thus truly has been assigned to the nearby and state governments. In 1868, the fourteenth Amendment ensured rights to all American Citizens by expressing, "all persons conceived or naturalized in the United States, and subject to the locale thereof, are natives in the United States and of the state wherein they live. No state should make or uphold any law which might abbreviate the benefits or immunities of nationals of the United States; nor might any state deny any individual of life, freedom or property, without due procedure of law; nor deny to any individual inside of its locale the equivalent security of the

-Amendment number ten states that the powers not specifically delegated to the federal government are reserved to the states.

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 the people (List of Amendments to the United States Constitution). The Bill of Rights is a clear establishment of the restrictions on Federal authority. James Madison, along with numerous other framers, feared the monarchical powers. The framers fought against the tyrannical rule of the King, setting forth the foundation upon which the colonies designed their government and consequently led to the authoring and ratification of the Constitution. The US Constitution’s purpose can be said to have been to fill in the gaps of all the unenumerated powers of the states. This is where we begin to understand the confusion of two centers of power with sovereign authority. Which one leads the nation by authority? Or as I like to say, “which came first, the chicken or the egg?” The Supremacy Clause was set forth to dispel the issues that confuse us all between the federal law and state law. Article VI of the Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, and the judges in every

Thus, the Constitution was born. However, it was due to this fear that the Founders added the 10th Amendment to the Bill of Rights. The Founders recognized that though some components of the Bill of Rights appeared to limit federal powers— for example, the First Amendment’s decree that Congress could not make laws imposing upon freedom of speech— it could be argued that it was not explicitly stated and therefore not valid (Heritage). The creation of the 10th Amendment sought to prevent the exploitation experienced under British rule in order to bring fairness and balance under a new

The Tenth Amendment is sometimes called the supremacy clause, because it reinforces the power of the national government over the state governments.

Although it remains a large portion of the U.S’ economy, tobacco smoking can lead to a variety of diseases and disorders that affect the user. The effects of smoking tobacco not only affect the user but surrounding people as well: permanently destroying their lungs and children, increasing the chances of diseases and of cancer.

The concept of a strong central government is unreasonable as a result of the corruption of men. An all-powerful congress has say over good and evil, and as a result the potential to do evil. So, unlisted powers should be acted upon by the tenth amendment and be given to the states, rather than furthering the idea of an unlimited government. By allowing implied powers to be taken into account, a gray area is created between the powers of the states and the powers of the federal government, seeing certain assumed powers are taken from the states, despite not being listed in the

In 1791, the tenth amendment was added to the Constitution. 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." (Bailey 16) This

Cigarettes are the number one cause of death in the U.S. and yet they are still on the shelves. People know the damage tobacco does to the body, and yet they still continue to smoke, chew, and sniff it. Cigarettes and tobacco products needs to be criminalized. Smoking is the number one cause of cancer in the United States. About 50 million people smoke cigarettes in the United States.

Tobacco is one of the world's dangerous drug which is haunting human lives to death. Over a billion adults are addicted to this drug and wasting their money, time and health. Nowadays there has been an ongoing debate/discussion among many people about the role of government in restricting the usage of Tobacco and thereby safeguarding the health of the public. In my personal opinion, both government and the Individual together needs to work to overcome this problem.