Tenth Amendment

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.

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Published on October 25, 2011 at 9:04 pm  Comments (2)  

2 CommentsLeave a comment

  1. The Tenth Amendment to the U.S. Constitution state that, If the Constitution doesn’t specifically grant the federal government the power to do something, that thing is reserved for the states or the people only, and the feds need to leave it alone.

    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.

    The amendment states but a truism that all is retained which has not been surrendered.

    Not until after the Civil War was the idea that the reserved powers of the States comprise an independent qualification of otherwise constitutional acts of the Federal Government actually applied to nullify, in part, an act of Congress. This result was first reached in a tax case–Collector v. Day.

  2. The tenth amendment means that the government only has the power which it is given in the constitution. If the constitution does not give the federal government a power is is then given straight to the people/states, “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 basically limits the power of the federal government and says that if they aren’t given a certain power they cannot use it. This gives any power the federal government does not have written in the constitution to the people/states.


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