The 10th Amendment to the U.S. Constitution explicitly states that the federal government is limited only to the powers expressly written in the Constitution. The 10th Amendment reads: "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." Show Did you know that the Constitution of the United States that we have now is actually the second in our nation's 236-year history? When the country defeated the British monarchy in 1776, the founding fathers knew they had to act quickly to draft and establish a central government. The result was our country's first Constitution, the Articles of Confederation, which was approved in 1781. However, the Articles of Confederation had significant flaws, including a weak central governing body. As a result, the government was forced to rethink the Articles' construction. In 1789, the current Constitution was ratified by 9 of the 13 states and went into effect shortly after. In the years since then, 27 Amendments have been made to the document, and the first 10 of those are called the Bill of Rights. The Bill of Rights was designed to protect citizens, who still had the American Revolution fresh in their minds, from the tyranny of central government. The Bill of Rights includes famous liberties such as the right to bear arms, the freedoms of speech, press, and religion, and the prohibition of cruel and unusual punishments. People were concerned that a central government left unchecked would lead to a governing body that took away individual liberties. The purpose of the 10th Amendment was to protect America from experiencing a government like the British monarchy, which the colonists saw as oppressive. The 10th amendment was written to ensure states would retain their sovereignty and to prevent the government from denying the people their individual freedoms. James Madison, who would later go on to become the nation's fourth President, introduced the 10th Amendment to Congress. "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 Federal Government The federal government is another name for the national government (Congress, the President, and the Supreme Court) of the United States. It is defined by the U.S. Constitution. Federal and State Governments The United States was formed as a group of states under one federal government. The federal government has the powers given to it by the Constitution, while the state governments and the people have the rest of the powers. The Tenth Amendment was added to insure that the powers of the federal government remain limited. The writers of the Tenth Amendment wanted to make it clear that the power of the federal government comes from the states and the people, not the other way around. Which is higher, state law or federal law? This can be a tricky question. The highest power in the land is the Constitution. This makes federal law the higher power. However, federal law is limited in its powers to only what is specifically stated in the Constitution. The states and the people have all other powers. Powers of the Federal Government Some examples of powers of the federal government include:
Some examples of state powers include:
The Ninth and Tenth Amendments are very similar in that they limit the scope of the federal government. The Tenth Amendment, however, introduces the idea of "powers" and "states." 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.
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Limiting Federal PowerIn simple terms, the Tenth Amendment to the United States Constitution sets out the limits to the powers of the federal government. {{#if image:description}}{{image:description}} {{/if}}{{/if}}{{$answers}} {{#if has_answer_with_image}} {{#if has_image}} {{#if image:description}}{{image:description}} {{/if}}{{/if}}{{/if}}{{answer_title}} {{/answers}}{{/questions}}Continue {{/pages}}Continue {{$global}} 10th Amendment Quiz You got {{userScore}} out of {{maxScore}} correct {{title}} {{image}} {{content}} {{/global}}PrevPreviousNinth Amendment to the United States Constitution Explained NextThe 11th Amendment to the United States Constitution ExplainedNext Linda says: March 3, 2021 at 5:54 pm Can states stop illegal immigrants from entering their borders even though the POTUS allows illegal immigration? Reply Randy Brown says: April 19, 2021 at 4:10 pm Yes. Reply Penn says: August 8, 2021 at 4:06 pm 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. Reply John Maddox says: October 13, 2021 at 12:15 am 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. Reply Dale says: October 20, 2021 at 1:00 am Incorrect. Asylum has always been a basis for entry. Glen says: September 4, 2022 at 6:31 pm Amen Sadie says: November 28, 2021 at 12:22 pm 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. Reply John Dance Adams says: May 19, 2022 at 3:57 am 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. Reply Knut says: June 19, 2022 at 5:10 am 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. Joanne says: June 27, 2022 at 8:46 pm 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 Reply Murray says: July 10, 2022 at 12:39 pm foolish comment, someone who disagrees with you is not a hater, whatever that means. Reply RANGOON says: August 9, 2022 at 3:51 pm Your comment/s are beyond comprehensible. Not worthy of further consideration. Reply
Paul says: August 26, 2022 at 12:07 am Then put them in your house! Reply sjc says: September 29, 2022 at 5:39 pm LOL. they are ILLEGAL if they enter without proper documentation. as for covid remark, here’s a fact you missed. CDC changed ALL their definitions and added ‘with covid’. So 100s of thousands died yearly from flu and pneumonia for decades. Now it states ‘flu with covid’, ‘pneumonia with covid’. Using a BOGUS test known to give false positive results, the CDC falsified deaths as ‘covid’. They even had ‘heart attack with covid’, ‘cancer with covid’. A virologist in San Diego was given 1500 positive covid tests. He retested them. ALL were either influenza A or B. He sent samples to 3 other facilities for verification. He didn’t tell what his results were. They ALL came back as influenza A or B. These are facts from non compromised CDC sources. CDC LIED about covid. Just look at what they have been doing; masks don’t work now, social distancing has no effect, etc. You have been PLAYED. I have followed CDC for nearly 30 years. I saw them manipulate ‘science’ under ‘covid’. Also check out how a patent was given in 2015 for covid. hmmm. THINK. Reply Mike says: December 4, 2022 at 6:42 am There is a process for naturalization for the quest of citizenship. Whats the point of having a constitution if it applies to the whole world and not a soveriegnty, most invaders hop on the welfare gravy train. Even the rich fat cats at Martha’s Vineyard dont want ’em, put up some of them at your domicile hypocrate. Put up or shut up. Reply CJG says: August 12, 2021 at 6:35 pm The current administration is “allowing” people from other countries to enter the USA without going through the immigration process, so the current Biden / Harris administration is ignoring the immigration process, thus allowing illegal immigration. Reply
Alfred Encarnacion says: June 14, 2022 at 12:41 am Explain the term “illegal immigrant.” How is one an “illegal immigrant” in a country stolen from its original inhabitants–the native Americans? Every person descended from the European invaders who plundered and stole this land through the genocide of its original people can rightly be called an “illegal immigrant.” Reply
Doug Morris says: May 10, 2022 at 3:03 pm While it’s my opinion, if immigration control powers were given to the feds by the states and the feds refuse to exercise that power then shouldn’t states retake that authority? Reply
JB says: August 11, 2022 at 5:45 am Any person entering America without going through the customs/immigration process is Illegal. Reply
Thomas E Webb says: September 19, 2021 at 7:57 pm The provisions of the Constitution only work if you have rational executive, legislative and judicial branches of government. As witnessed by the Trump administration, who were not willing to obey conventional policies and processes for governing, namely a tyrant in the executive branch placing political judges on the Supreme Court, the Constitution is not working. Subpoenas by the legislative branch are ignored by the executive branch. The Supreme Court makes decisions that 70% of the population find unpopular. Lies about the legality of 2020 election are prompting audits that violate free and fair elections. Gerrymandering is making it impossible for a more equal vote for legislators to congress. In short, the Constitution is not working now. Something has to be done! Reply
roy w king II says: October 5, 2021 at 4:35 pm you really need to study the US Constitution. 1 IRS and banking see 4th Admen.2 2 Laws regarding elections, Only written by legislators, period. Want to change that? Only by a Convention of States. Not by Senators and Reps. 3 Four Supreme Court Cases beginning in the 1800’s and the last in 1966 (I believe called “Precedence” deal with that, also fifth case by Supreme Court of California in 2007. In essence, Any law or code that violates a state or the federal Constitution is automatically void.Not, we shall make a decision, automatically. Period Reply Gerald says: October 25, 2021 at 12:02 pm keep “trespassers/invaders” OUT of the “United” States. If feds fail that responsibility, States may (SHOULD!) arrest “illegal” persons. Reply
Sadie says: November 28, 2021 at 12:24 pm Dale, isn’t there a process for asylum? If someone defects? Those who cross illegally would have to “seek asylum.” Reply
Rudolf the red says: July 17, 2022 at 10:59 pm What about the “or the people” clause at the end? Does that give people equal rights as states to decide laws? Reply Sumit Bagga says: September 7, 2022 at 12:02 am I really appreciate the simplification of the 10th Amendment. It’s a great reminder of the importance of our Constitution and the Bill of Rights. What is the main purpose of the 10th Amendment?“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.
What is the 10th Amendment known as?By FindLaw Staff | Reviewed by Laura Temme, Esq. | Last updated July 27, 2022. Passed by Congress in 1789 and ratified in 1791, the Tenth Amendment is the last in the group of Constitutional Amendments known as the Bill of Rights.
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