Keith Mack
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, reserves certain powers for the states, limiting the federal government's ability to regulate or command state governments. 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 has been interpreted to mean that the federal government cannot force states to pass or enforce federal laws or regulations. However, Congress can encourage states to adopt certain policies through incentives or by attaching conditions to the receipt of federal funds. The Tenth Amendment has had a complex history, with periods of prominence and obscurity, and its interpretation has evolved over time.
| Characteristics | Values |
|---|---|
| Date passed by Congress | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Powers | Reserved to the states or the people |
| Powers | Not delegated to the United States by the Constitution |
| Powers | Prohibited by the Constitution to the States |
| Function | Imposes a non-textual limit on the use of federal power |
| Prohibits | Federal government from forcing states to pass or not pass certain legislation |
| Prohibits | Federal government from forcing states to enforce federal law |
| Prohibits | Federal government from using state governments as an instrument of the national government |
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What You'll Learn
The Tenth Amendment reserves powers for the states
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, reserves powers for the states. 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 Tenth Amendment emphasizes the structure of the Constitution, highlighting the continuing importance of states and the foundational role of the people. It serves as a reminder that the federal government's powers are limited to those explicitly granted by the Constitution, while all other powers are reserved for the states or the people. This amendment has been interpreted to mean that the federal government cannot force states to pass or enforce federal laws or regulations.
The Tenth Amendment has been invoked in several court cases to protect states' rights and limit federal power. For example, in the case of South Dakota v. Dole, the Court held that the federal government could encourage states to adopt certain regulations through spending power or commerce power but could not directly compel states to enforce federal regulations. Similarly, in New York v. United States, the Court found that the federal government could not force states to participate in the administration of a federal program, as it would violate the Tenth Amendment.
The Tenth Amendment has also been used to challenge federal laws that are seen as infringing on state sovereignty. For instance, in the case of South Carolina v. Baker (1988), the Court suggested that the Tenth Amendment would prohibit a federal law that left a state "politically isolated and powerless." More recently, in Murphy v. National Collegiate Athletic Association (2018), the Supreme Court ruled that the Professional and Amateur Sports Protection Act of 1992 violated the anti-commandeering doctrine and invalidated the entire law.
While the Tenth Amendment reserves powers for the states, it is important to note that the interpretation and application of this amendment have evolved over time. In the early 20th century, the Supreme Court relied on the Tenth Amendment to resist expanded assertions of national power. However, during the New Deal era, the expanded role of the national government led to a decrease in the prominence of the Tenth Amendment. The Amendment resurfaced in the 1990s, with the Supreme Court reaffirming its importance and interpreting it as imposing a non-textual limit on the use of federal power.
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The Supreme Court's interpretation of the Tenth Amendment
The Tenth Amendment to the United States Constitution 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 Supreme Court has interpreted the Tenth Amendment as a reminder of the continuing importance of states and the foundational role of the people. The Court has asserted that the amendment "added nothing to the [Constitution] as originally ratified" and is a truism.
In the early 20th century, the Supreme Court relied on the Tenth Amendment to resist expanded assertions of national power. However, during the New Deal, Congress enacted a range of federal regulatory programs, such as Social Security, to stabilize the economy, protect workers, and promote the general welfare. Once the Court acquiesced in the New Deal’s vision of a more active federal government, the Tenth Amendment receded from view and essentially disappeared from US Constitutional law for decades.
Since 1992, the Supreme Court has ruled that the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law. In New York v. United States (1992), the Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which obliged states to take title to any waste within their borders that was not disposed of prior to a certain date. The Court ruled that imposing that obligation on a state violates the Tenth Amendment.
In Gonzales v. Raich (2005), the Supreme Court stated that growing one's own medical cannabis affects the interstate market of cannabis, and therefore, the federal government's power to regulate interstate commerce "acknowledges no limitations other than are prescribed in the Constitution".
In Murphy v. National Collegiate Athletic Association (2018), the Supreme Court ruled that the Professional and Amateur Sports Protection Act of 1992, which prohibited states that had banned sports betting when the law was enacted from legalizing it, violated the anti-commandeering doctrine. The Court settled a controversy about New Jersey's desires to start legal sports betting despite a federal law that prohibited such actions.
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The Tenth Amendment and state sovereignty
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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 Tenth Amendment generally protects states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws. It emphasizes the structure of the legislative process, highlighting the importance of states and the foundational role of the people.
The Amendment's function is to impose a non-textual limit on the use of federal power. This means that while the federal government can regulate interstate commerce, it cannot invade certain protected areas of state sovereignty. For example, the federal government cannot force states to pass or enforce federal laws, nor can it commandeer the operation of state governments by compelling them to regulate or enforce federal laws.
The Tenth Amendment has had a varied history in terms of its prominence in US Constitutional law. It was used by the Supreme Court in the early 20th century to resist expanded assertions of national power. However, during the New Deal era, when the role of the national government was expanded, the Amendment receded from view. During this time, the Amendment became associated with "'states' rights' assertions to resist claims of civil rights." The Amendment re-emerged in 1992, when the Supreme Court ruled that it prohibits the federal government from coercing states to pass or enforce federal laws.
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The Tenth Amendment's impact on federal power
The Tenth Amendment to the United States Constitution, passed by Congress in 1789 and ratified in 1791, has had a significant impact on the power dynamics between the federal government and the states. 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." In other words, it emphasizes that the federal government only has the powers specifically granted to it by the Constitution, and all other powers are reserved for the states or the people.
However, the Tenth Amendment has also been used by states and local governments to assert exemption from federal regulations, particularly in areas like labor and environmental controls. In some cases, the Supreme Court has found judicially-enforceable limits on the power of the federal government to regulate states directly. For example, in New York v. United States (1992), the Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which obliged states to take responsibility for the disposal of low-level radioactive waste within their borders.
The Tenth Amendment also allows states the freedom to experiment with different ideas and programs without interference from the federal government. This has led to states being referred to as "laboratories of democracy." Overall, the Tenth Amendment has played a crucial role in shaping the power dynamics between the federal government and the states, ensuring a balance of power and protecting states' rights.
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The Tenth Amendment and the Civil Rights era
The Tenth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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's purpose is to reaffirm federalism and limit the federal government's powers to those explicitly granted in the Constitution.
During the Civil Rights era, the Tenth Amendment was invoked by states' rights supporters to resist civil rights claims and federal intervention to end racial discrimination. The amendment was associated with assertions of states' rights to uphold racial inequality, which was politically, socially, and morally problematic. This interpretation of the Tenth Amendment clashed with the expanded role of the national government during the New Deal era, which had already diminished the powers designated as "reserved to the States or the people."
The Supreme Court's rulings in the 1990s, as part of its New Federalism, revived attention to the Tenth Amendment. In the 1992 case of New York v. United States, the Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which would have required states to take responsibility for waste disposal and liability for related damages. The Court interpreted the Tenth Amendment as prohibiting the federal government from coercing states to enact or enforce specific legislation.
The Tenth Amendment has been described as a truism or tautology, emphasizing that the federal government only possesses the powers explicitly granted to it by the Constitution. However, it has also been used by states and local governments to assert their exemption from federal regulations, particularly in labor and environmental controls. The amendment's simple language highlights the theme of popular sovereignty and the foundational role of the people in the constitutional republic.
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Frequently asked questions
The 10th Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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 emphasizes the continuing importance of states and the foundational role of the people. It acts as a safeguard for state sovereignty and limits the federal government's power over state governments.
Yes, the 10th Amendment protects states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws. The Supreme Court has ruled that the federal government cannot force states to pass or not pass certain legislation.
Examples include the Texas Heartbeat Act, the Missouri Second Amendment Preservation Act, and state laws on immigration and marijuana legalization.
No, the Supreme Court has ruled that states cannot tax or "control the operations of the constitutional laws enacted by Congress." States are also prohibited from taxing federal institutions.
