Importance Of The Tenth Amendment

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

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

The federal government began to gain power, and in Article I section 8 says, “The Congress shall have power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and among the several states, and with the Indians Tribes… to establish post offices and post roads .” The following quote describes how the national government has different kinds of power compared to federal government. Article IV section 1 says, “full faith and credit shall be given in each states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such acts, records, and proceedings shall be proved… ” In simpler words, the state government has to follow laws just like a ordinary

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

When the first ten amendments were added to the Constitution, they were planned to shield the public from the national government and not the states. States had their individual constitutions, and their laws only had to comply with their constitution. The founders of our country were very concerned about creating too powerful of a centralized government that might overstep on the given civil liberties of the public. As a protection of individual liberties, the Bill of Rights was formed. The Bill of Rights contains the first ten amendments of the Constitution and protect and preserve inalienable rights against abuse by the federal government.

Since there is no text in the Constitution that states this the claims must be made by historical understanding and practice of the text. The people who are against this argue that in recent years that there has not been any precedent that relates to this kind of action. However they disagree with that and state there in fact has been the earliest congress had acts that also required state officials to participate in the enforcement of federal laws. They were doing so however since they did not know that power existed. The assumption that the federal government can command the state's executive power in the absence of a constitutional authorization is not indicated it is the opposite of that actually. Including that it has been around since the earlier is not true that there is some protection that the states have against this keeping their duty to keep their goals. The early legislation also has sources that indicate the original understanding of the Constitution. Alos that though they could and may be needed to regulate commerce they way the act was set up was not within its power to do so. They stayed with the old principle that states are not required to enforce it since state legislature is not required to follow or are a subject to federal direction. There is also a separation of powers that a state has and powers that the government

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

In the 13th Amendment the last section says, “The Congress shall have power to enforce this article by legislation.” The 14th and 15th Amendments has similar wording attached to their final sections. This addition to each article shows that the federal government was willing to create laws to override States or individuals that may try to find loopholes around these Amendments. In the 14th Amendment it says, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.”

When the Constitution was written, the people had fresh Britain tyranny in mind and consequently took to establishing the tenth amendment which worked to limit the role of the federal government in state relations stating that all power not given to the federal government by the constitution would automatically go to the states. However decades later, when The Great Depression seemingly devastated Americans nationwide, the tenth amendment was pushed aside to allow for the federal government to play an overseeing role in efforts to extirpate exorbitantly hard times. The federal government now micromanages many functions which were formerly overseen by individual states some of which include education, healthcare, commerce and national resource

The original writers of the Constitution had to have noticed the overlap in enumerated powers. Having only the Commerce Clause or only the Tenth Amendment would not harbor the best outcomes. Both are entirely necessary and exist to limit each other. Discretion is the deciding factor for determining which power trumps the other. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest of the majority, or even Maryland in the long haul, to tax the US Bank. The key is to reach the best outcome in terms of majority. The needs of the many outweigh the needs of the few.

In the Bill of Rights the 10th 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¨ (Constitution of the United States). This amendment really protects the states and leaves a lot of power in their hands. One of these main rights include nullification. According to Webster Dictionary nullification is ¨the action of a state impeding or attempting to prevent the operation and enforcement within its territory of a law of the U.S.¨. In simpler words nullification is the states having the right to say no to something they don't agree or what they think may be unconstitutional. This shows how the Federalist Paper 9 is still relevant today because without the states rights the federal government can walk right over the states and the states

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.

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