Amendment 10 is perhaps the simplest amendment of all 27 and the most straightforward of the first 10 amendments in the Bill of Rights. What is the 10th Amendment? The 10th Amendment simply says that any powers that aren’t mentioned in the Constitution as belonging to the government belong to the states themselves. It was ratified as part of the Bill of Rights on December 15, 1791.
Read on to find out what this actually means.
10th 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.
In simple terms, the Tenth Amendment to the United States Constitution sets out the limits to the powers of the federal government.
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It states that any powers that the Constitution does not give to the federal government are the states’ responsibility. These “powers” fall into three categories:
Expressed Powers are sometimes referred to as “enumerated powers.” These are the powers given to Congress by the United States Constitution. Included among these powers is the right to:
Reserved powers are those given to individual states. Reserved powers examples include:
The states are also responsible for ratifying amendments proposed to the US Constitution.
Shared or concurrent powers are those that are the responsibility of both state governments and the federal government.
Raising taxes is one of the most important of these. Taxes are needed at the local state level to cover the cost of police departments, fire departments, and various public facilities.
The federal government needs tax income to provide military services and a range of national commitments.
Where federal and state laws are similar, then the federal law will take precedence over the state law.
Sometimes conflict can occur when the state law disagrees with the federal law. There are several examples of this situation occurring recently, including drug enforcement.
Although the predecessor to the US Constitution, the Articles of Confederation made clear that each state would retain its freedom and sovereignty, it was felt that the matter needed clarifying in the Constitution itself.
James Madison , who was the architect of the first ten Amendments , originally proposed at the Constitutional Convention, and included in the Bill of Rights knew that the states needed to feel confident about the limits of federal power.
He introduced the 10th Amendment so there would be no doubt about the separation between states’ and federal powers.
The 10th Amendment was criticized by Founding Fathers such as Alexander Hamilton as being superfluous when James Madison proposed it.
It seems that Madison was reacting to suggestions being made by the states themselves and felt that it would be better to include an amendment that clarified the division of powers between the federal government and the states.
The Bill of Rights had strong support from men like Thomas Jefferson and George Mason, which aided Madison’s cause.
Madison appealed to the Senate to pass the amendment on the grounds that there was no harm in doing so. He felt that precision in the matter was better than upsetting the states.
The 10th Amendment passed the Senate and was sent to the House of Representatives for approval.
The Senate clerk felt it appropriate to add the phrase “or to the people” at the end of the text. The circumstances of that addition being made are not known.
Similarly, the Ninth Amendment stated that any unenumerated right belonged to the people, not the federal government.
The 10th Amendment is the last of the 10 Amendments that comprise the United States Bill of Rights.
The 10th Amendment was proposed to the legislatures by the First Congress on September 25, 1789.
The following States ratified it, and the President successively communicated the notifications of ratification by the Governors thereof to Congress:
New Jersey, November 20, 1789;
Maryland, December 19, 1789;
North Carolina, December 22, 1789;
South Carolina, January 19, 1790;
New Hampshire, January 25, 1790;
Delaware, January 28, 1790;
New York, February 24, 1790;
Pennsylvania, March 10, 1790;
Rhode Island, June 7, 1790;
Vermont, November 3, 1791;
Virginia, December 15, 1791.
Ratification was completed on December 15, 1791. The amendments were subsequently ratified by the legislatures of:
Massachusetts, March 2, 1939;
Georgia, March 18, 1939;
Connecticut, April 19, 1939.
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Edward Savey holds a Bachelor's degree in Political Science from the University of Georgia and a Master's degree in Public Administration with a focus on constitutional law from Georgetown University. He launched constitutionUS.com as its editor, striving to make complex constitutional topics accessible to the public.
Can states stop illegal immigrants from entering their borders even though the POTUS allows illegal immigration?
Randy Brown says:Yes.
Btw, how can a President “allow” ILLEGAL immigration? POTUS and the federal government is responsible to keep “trespassers/invaders” OUT of the “United” States. If feds fail that responsibilty, states may (SHOULD!) arrest “illegal” persons.
It is patently illogical (a contradiction in terms) for feds to “allow”/permit ILLEGAL entry.
They aren’t illegal when they come though the border. Stop being a hater. 627,027 died of Covid because of stupid people, we have room for some people fleeing war, hunger, homelessness.
John Maddox says:The people who cross the border, without permission, are ‘Breaking the Law’. They start their lives in the US, as Criminals. If they cross the Border in a wave of people, they are INVADERS (Look up the term). Before you call somebody a “Stupid”, I suggest you don’t look “stupid saying it.
Dale says: Incorrect. Asylum has always been a basis for entry. Glen says: Joel Embry says:If they don’t follow the proper procedure, they are illegal. They must be processed through a port of entry, not cross a river.
Sadie says:Penn they are bringing in diseases, apparently, you are not in the medical field. I spoke with a nurse who had an influx of TB in Canada when they had open borders for many coming in from other countries. So this is what you want, a high percentage in the US? Do you want the Constitution to be disregarded? Take out on portion can lead to others like being able to post here.
John Dance Adams says:Technically, being in this country without a visa, or being a naturalized citizen is a crime. It is a minor crime but still a crime. What is more interesting to track the influx of immigrants in relationship to the strength of the political party in power. Moreover, it is interesting for a discourse perspective to note how political correctness has changed the narrative. To be clear it is a tragedy when any life is lost due to something that is preventable. America reached the one million death toll mark because of the pandemic.
A question that begs discussion is: How many of the immigrants died because of the “anti-vaccination crowd?”
Corollary to this question is “When does the alleged rights of Americans who complain about government interference give way to the rising death count? Two million, three, four etc
Interesting that you state as fact we reached the one million death toll mark because of the pandemic when there has been no significant change in mortality in recent years.
70% of deaths from Covid in Canada since February of this year are among double vaxed and boosted. Looks like the “anti vaxers” have a more solid case now. And for clarification, we are not anti vaccination. We just don’t trust the Fauci Ouchy.
WRONG!! Its the ones who are injected that are dying. Your number is way off its much higher.. The world was lied too
First there is no cure all your leaders & health officials told you this. This was a live planned Miltary Excerise. Mike Pompeo from the White House stated it, see Event 201. The mRNA Experimental Drug Combo. It had to go through the Security Exchange Office to be used. This is a AI Program-able Technology inserted into the body It also alters one’s DNA. The US Supreme Court ruled if DNA is altered you are now Patentable..
Why do you think you keep having to get the so called Boosters. If these Experimental drug combos worked many call this a vaccine wrong . The definition of vaccine had to be altered it’s still not FDA Approved but under the EUA Cosmetic act. ITS GENE THERAPY.
Those masks you all wear there is a legal disclaimer NO MASKS can protect you from any virus or disease. Your making the immune system weaker the CDC knows this.
This is Genocide of the World’s population and sterilization. You really need to do your own research and find the Truth.
Last since when does a virus know who’s been injected or not. Like Biden and crew state. Let’s not forget that bribery, Money, guilt tripping family and friends for not taking it. If these had worked the one’s injected are protected and if protected then those not injected don’t need to get it right.
Are you aware that Gates, on 3 separate occasions stated there are 9 billion ppl. The better they get at vaccines they can DECREASE this by 15% or more. He laughed and stated the next virus will get everyone’s attention . They made these virus in a lab. What they got planned is killing down the population to 500 million ppl. See the Georgia Guide Stones.
Many are also chipped for the coming digital system which is your new money payment.. Total tracking and control. This continues to the year 2032 . Do you even know what’s truly coming and has begun.
Gates comes from a family who Practices EUGENICS . There’s so much more but let this sink in along why Gates a computer geek. It’s telling the world what they are going to do he’s not an Elected Official and why is he practicing Medicine with No Medical license or degrees . That’s gross Medical Misconduct. Children and parents dying from injections . Educate your self . They have last I counted 10 bioweapons to wage war on our Miltary and us . Verifiable documents and the horses mouth themselves.
The mind and how blind it is even when your told and you all still believe is well illogical to me. You let fear rule. To get total control over
The masses you must cause fear. Everyone is considered useless Chattel dumb, sheep. Get one to come the rest will follow . Ignorance of the law is no excuse. If one does not know their rights and stand of for those rights . By doing nothing you have given them implied consent .
Deagle.DARPA. Kennedy inst . Henry Kissinger look into these ppl.
Nope….a Select group of people don’t get to circumvent the law to their own means. Everyone coming here should come through legally pay taxes, the law abiding and contribute
