Tenth Amendment to the United States Constitution

The Tenth Amendment to the United States Constitution is a part of the United States Bill of Rights that was ratified on December 15, 1791. It expresses the principle of federalism and states' rights, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the Constitution. All remaining powers are reserved for the states or the people.

Text

The text of the Tenth Amendment is brief and straightforward: "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."

Background

The Constitutional Convention of 1787 was called to address weaknesses in the Articles of Confederation, which had been clear during the early years of the United States. The need for a stronger federal government was evident, but there was also a strong desire to maintain the autonomy of the states. In the drafting of the Constitution, the framers sought to balance these concerns. The Tenth Amendment was proposed as part of the Bill of Rights, which were the first ten amendments to the Constitution, introduced by James Madison in the first United States Congress in 1789 and ratified by the states in 1791.

Interpretation

The Tenth Amendment has been interpreted in various ways over the years. Initially, it was seen as a clear declaration of the federalist principle, limiting the federal government's powers to those specifically enumerated in the Constitution and reserving all other powers to the states or the people. However, the exact scope of the powers that are reserved to the states or the people has been the subject of much debate and litigation, particularly in the areas of commerce and civil rights.

Impact

The Tenth Amendment has played a crucial role in the development of American federalism. It has been cited in numerous Supreme Court cases involving the division of powers between the federal government and the states. For example, it was a significant factor in the landmark case of National Federation of Independent Business v. Sebelius, which addressed the constitutionality of parts of the Affordable Care Act.

Contemporary Relevance

In recent years, the Tenth Amendment has been invoked in debates over issues such as gun control, the legalization of marijuana, and health care. States have used the Tenth Amendment as a basis to assert their rights to pass laws that are in opposition to federal policies or to resist federal mandates.

See Also

• Federalism in the United States
• States' rights
• United States Bill of Rights
• Constitutional Convention (United States)
• James Madison