Gavin Howe
The Tenth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, emphasizes federalism and the division of power between the federal and state governments. It 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. This amendment has been invoked in various contexts, including the anti-commandeering doctrine, civil rights, and local governance. While it limits the federal government's ability to regulate or command state governments, the Tenth Amendment does not protect cities and counties from state interference. The interpretation and application of the Tenth Amendment have evolved over time, with periods of prominence and obscurity in US Constitutional law. The question remains whether it serves as an independent source of constitutional principles of federalism or simply interprets specific grants of federal power.
What You'll Learn
The Tenth Amendment safeguards federalism
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, reaffirms the principles of federalism. The Amendment explicitly states that the federal government's powers are limited to those granted in the Constitution. This means that any powers not explicitly delegated to the federal government are reserved for the states or the people.
The text of the Amendment was originally proposed by Thomas Burke, a strong advocate for states' rights in the Continental Congress. He intended to ensure clarity regarding the distinction between state and federal power. The Tenth Amendment is similar to Article II of the Articles of Confederation, which states that each state retains its sovereignty, freedom, independence, and powers not expressly delegated to the United States.
The Supreme Court has interpreted the Tenth Amendment as a truism, declaring that it ""added nothing" to the Constitution as it was originally ratified. Despite this interpretation, the Amendment has been invoked in several cases to challenge federal regulations and assert states' rights. For example, in New York v. United States (1992), the Supreme Court ruled that the Tenth Amendment prohibits the federal government from compelling states to enforce federal law or pass specific legislation.
The Tenth Amendment has been used strategically by state officials to push back against federal policies with which they disagree. For instance, during the Obama administration, Republican state attorneys general argued that President Obama was imposing federal policies on unwilling states. Similarly, during the Trump administration, Democratic state attorneys general resisted directives from the Trump White House that they believed infringed on states' rights.
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The Amendment protects states' rights
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. The Amendment expresses the principle of federalism, which outlines a system of power-sharing between the federal government and individual states, by mutual agreement.
The Tenth Amendment states that the federal government has only those powers delegated to it by the Constitution. It also prescribes that all other powers not forbidden to the states by the Constitution are reserved for each state or the people. The Amendment, with origins before the American Revolution, was proposed to satisfy the demands of Anti-Federalists, who opposed the creation of a stronger federal government.
The Amendment has been interpreted as a protection of states' rights and a limit on the federal government's powers. It has been used to argue that the federal government cannot force states to pass or enforce certain legislation, particularly in the areas of labor and environmental controls. The Supreme Court has also ruled that the federal government cannot issue commands to the states, such as requiring them to administer federal laws or conduct background checks on prospective gun purchasers.
The Tenth Amendment is often cited as a source of state power and a recognition of federalism. It ensures that if the Constitution has not granted the federal government a specific power, that power remains with either the states or the people. This division of power was intended to protect individual liberty and prevent the concentration of power in the federal government.
In conclusion, the Tenth Amendment to the United States Constitution protects states' rights by limiting the powers of the federal government to those explicitly granted by the Constitution and reserving all other powers for the states or the people. This amendment has been used to argue for states' rights in various contexts, including labor laws, environmental controls, and gun control.
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It limits the federal government's power
The Tenth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, states that:
> [t]he 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 is one of the clearest examples of a federalist principle in the Constitution, limiting the powers of the federal government. It ensures that any powers not specifically granted to the federal government are reserved for the states or the people.
The Supreme Court initially interpreted the Tenth Amendment to have substantive content, meaning that certain "core" state functions would be beyond the authority of the federal government to regulate. For example, in *National League of Cities v. Usery*, the Court struck down federal wage and price controls on state employees as an attempt to regulate core state functions.
However, despite the seemingly explicit language of the Tenth Amendment, it has not had a significant impact in limiting federal powers. In *Garcia v. San Antonio Metropolitan Transit Authority*, the Court overruled the *National League of Cities* decision, demonstrating a shift in the interpretation of the Tenth Amendment.
Furthermore, the Fourteenth Amendment, passed after the Civil War, also shifted power in the nation's federal system. It subjected a state's control over its citizens to oversight by the federal judiciary or Congress, allowing federal courts to scrutinize state legislation for violations of due process or equal protection. This has led to Congress exercising its power under the Fourteenth Amendment to address issues such as voting rights and police brutality.
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The Amendment doesn't protect cities and counties
The Tenth Amendment to the United States Constitution, which was passed by Congress in 1789 and ratified in 1791, forms part of the Bill of Rights. The 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.
The Amendment has been invoked in several cases to protect states' rights and prevent federal overreach. For example, in National Federation of Independent Business v. Sebelius (2012), the Court ruled that the Affordable Care Act (ACA) unconstitutionally forced states to expand Medicaid. Similarly, in Printz v. United States (1997), the Court ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment by requiring state and local law enforcement to conduct background checks on handgun purchases.
Despite the protections afforded to states by the Tenth Amendment, it is important to note that the Amendment does not protect cities and counties from state interference. Local governments are considered "creatures of their states" and have no protection from them under federal constitutional law. While some state constitutions include "home rule" provisions that empower local governments to act independently on local issues, these provisions do not override state authority. In practice, states can and do preempt local policy, sometimes in aggressive ways. This dynamic has led to tensions between state and local officials, particularly in cases where state officials seek to impose statewide restrictions on more liberal or progressive cities or counties within their borders.
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The Amendment is a source of controversy
The Tenth Amendment has been a source of controversy, with some arguing that it safeguards the principles of federalism and protects states' rights, while others claim it limits the federal government's ability to regulate or command state governments. The text of the 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". This emphasizes the limited and enumerated powers of the national government, ensuring that any powers not specifically granted to the federal government are reserved for state and local governments.
The Tenth Amendment has been invoked in recent decades in the anti-commandeering doctrine, which asserts that the federal government cannot issue commands to states, such as requiring them to enforce federal laws. This doctrine has been used in cases like Printz v. United States, where it invalidated provisions of the Brady Act related to background checks for gun purchases. It has also been cited to protect sanctuary cities from enforcing federal immigration laws and to shield state legalization of marijuana, despite federal legislation.
However, the effectiveness of the Tenth Amendment in protecting states' rights has been questioned. During the New Deal era, Congress enacted several federal regulatory programs, such as Social Security, which marked a shift towards a more active federal government. As a result, the Tenth Amendment took a back seat in Constitutional law from the late 1930s to the mid-1970s, and even after a brief reemergence, it was largely overlooked until 1992.
Additionally, the amendment's role in protecting local governments from state interference has been debated. While federalism is intended to divide power between federal and state governments, the Tenth Amendment does not explicitly address the relationship between states and their local governments. Local governments are considered "creatures of their states" and are not protected from state preemption of local policies, even with home rule provisions in place. This has led to states overriding local laws on various issues, including antidiscrimination, minimum wage, gun safety, and environmental protection.
The interpretation of the Tenth Amendment and its impact on federalism continue to be a subject of discussion, with some arguing that it serves as a reminder of the importance of states' rights and the foundational role of the people in the US Constitution.
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Frequently asked questions
The 10th Amendment safeguards the principles of federalism, which refers to the division of power between the federal and state governments. It was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The 10th 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."
The 10th Amendment cannot be directly reversed or changed by the federal government. However, over time, through various court cases and interpretations, the power of the federal government relative to the states has expanded, sometimes at the expense of the principles established by the 10th Amendment.
In recent decades, the 10th Amendment has been invoked in the anti-commandeering doctrine, which states that the federal government cannot issue commands to the states, such as requiring them to enforce federal laws. For example, in Printz v. United States, the 10th Amendment invalidated provisions of the Brady Act that required background checks by state law enforcement officers.
No, the 10th Amendment only addresses the relationship between the federal government and the states. Local governments are considered creatures of their states and do not have protection from them. However, in some cases, other constitutional amendments or federal statutes can provide local governments with protection from state interference.
