What does the 10th Amendment support?
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Passed by Congress in 1789 and ratified in 1791, the Tenth Amendment is the last in the group of Constitutional Amendments known as the Bill of Rights. Unlike several of the other early amendments, it is quite brief – only one sentence. But that one sentence grants state governments all powers not specifically delegated to the federal government by the Constitution. However, as broad a grant as this seems, interpretation by the Supreme Court has placed some limits on state power. What It Says"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." Frequently Asked QuestionsHistorical BackgroundUnited States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.1 The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.2 That this provision was not conceived to be a yardstick for measuring the powers granted to the Federal Government or reserved to the states was firmly settled by the refusal of both Houses of Congress to insert the word expressly before the word delegated,3 and was confirmed by Madison’s remarks in the course of the debate, which took place while the proposed amendment was pending, concerning Hamilton’s plan to establish a national bank. Interference with the power of the States was no constitutional criterion of the power of Congress. If the power was not given, Congress could not exercise it; if given, they might exercise it, although it should interfere with the laws, or even the Constitutions of the States.4 Early Supreme Court Interpretation of the 10th AmendmentIn McCulloch v. Maryland,5 Marshall rejected the proffer of a Tenth Amendment objection and offered instead an expansive interpretation of the necessary and proper clause6 to counter the argument. The counsel for the State of Maryland cited fears of opponents of ratification of the Constitution about the possible swallowing up of states’ rights and referred to the Tenth Amendment to allay these apprehensions, all in support of his claim that the power to create corporations was reserved by that amendment to the states.7 Stressing the fact that the amendment, unlike the cognate section of the Articles of Confederation, omitted the word expressly as a qualification of granted powers, Marshall declared that its effect was to leave the question whether the particular power which may become the subject of contest has been delegated to the one government, or prohibited to the other, to depend upon a fair construction of the whole instrument.8 More on the Tenth Amendment:
Footnotes:1. United States v. Sprague, 282 U.S. 716, 733 (1931). 2. United States v. Darby, 312 U.S. 100, 124 (1941). While the Tenth Amendment has been characterized as a ‘truism,’ stating merely that ‘all is retained which has not been surrendered,’ [citing Darby], it is not without significance. The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States’ integrity or their ability to function effectively in a federal system. Fry v. United States, 421 U.S. 542, 547 n.7 (1975). This policy was effectuated, at least for a time, in National League of Cities v. Usery, 426 U.S. 833 (1976). 3. Annals of Cong. 767–68 (1789) (defeated in House 17 to 32); 2 B. Schwartz, The Bill of Rights: A Documentary History 1150–51 (1971) (defeated in Senate by unrecorded vote). 4. 2 Annals of Cong. 1897 (1791). 5. 17 U.S. (4 Wheat.) 316 (1819). 6. See discussion under Coefficient or Elastic Clause, supra. 7. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 372 (1819) (argument of counsel). 8. 17 U.S. at 406. From the beginning and for many years the amendment has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. United States v. Darby, 312 U.S. 100, 124 (1941). Can I Solve This on My Own or Do I Need an Attorney?
Get tailored advice and ask your legal questions. Many attorneys offer free consultations. If you need an attorney, find one right now. What is the purpose of the Tenth Amendment quizlet?What is the purpose of the Tenth Amendment? To limit the powers of the federal government by reserving certain powers to the states and to the people. What is the main function of the privileges and immunities clause of Article IV? It prevents states from discriminating against nonresidents.
Which of the following best describes the 10th Amendment?Which of the following best explains the 10th amendment? The people hold unwritten rights that are not spelled out in the Constitution. Powers not delegated to the federal government may be exercised by the States if not prohibited by the Constitution.
What are the 10 amendments simplified?Terms in this set (10). Freedom of speech, press, religion, assembly, and petition.. Right to bear arms.. Citizens do not have to house soldiers.. No unreasonable search or arrest.. No double jeopardy or no witness against yourself.. Rights of accused in criminal cases to fair trial.. Trial by jury.. What would it be like without the 10th Amendment?Without the Tenth Amendment an extreme issue could have arisen. The federal government could have continually gained more responsibility over time and subsequently diminished the power of the states. The Tenth Amendment cemented federalism and the division between these two parts of government permanently.
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