What does the 10th amendment say in simple terms

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."

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:

  • Raising and maintaining the armed forces
  • Declaring war
  • Collecting taxes
  • Regulating commerce between the states
  • Coining and regulating money
  • Setting standards of weights and measures
  • Establishing a national bank
  • Implied powers that are considered "necessary and proper" to carry out the laws in the Constitution.
Powers of the State Governments

Some examples of state powers include:

  • Traffic laws
  • Collecting local taxes
  • Issuing licenses such as driver's licenses and marriage licenses
  • Holding elections
  • Regulating commerce within the state
  • Building and maintaining roads and schools
  • Police and fire departments
  • Local business laws
  • Regulating property use, ownership, and sales
How is the Tenth Amendment different from the Ninth?

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.

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.

Table of Contents

  • Limiting Federal Power
  • Expressed Powers
  • Reserved Powers
  • Shared Powers
  • Crossover Between State and Federal Laws
  • Why Was the 10th Amendment Necessary?
  • Critics of the 10th Amendment
  • Senate Approval of the 10th Amendment
  • State Ratification
  • 10th Amendment Quiz
  • 10th Amendment Quiz

Limiting Federal Power

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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What does the 10th amendment say in simple terms
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10th Amendment Quiz

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43 Responses

  1. 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

    1. Randy Brown says:

      April 19, 2021 at 4:10 pm

      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.

      Reply

      1. 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

        1. 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

          1. Dale says:

            October 20, 2021 at 1:00 am

            Incorrect. Asylum has always been a basis for entry.

          2. Glen says:

            September 4, 2022 at 6:31 pm

            Amen

        2. 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

        3. 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.
          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

          Reply

          1. 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.
            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.

        4. 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

        5. Murray says:

          July 10, 2022 at 12:39 pm

          foolish comment, someone who disagrees with you is not a hater, whatever that means.

          Reply

        6. RANGOON says:

          August 9, 2022 at 3:51 pm

          Your comment/s are beyond comprehensible. Not worthy of further consideration.

          Reply

          1. Bill Gaines says:

            October 9, 2022 at 2:59 am

            Certainly there are, as expected, a difference of opinions here. What has surprised me in this forum is the lack of vitriolic language

        7. Paul says:

          August 26, 2022 at 12:07 am

          Then put them in your house!

          Reply

        8. 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

        9. 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

      2. 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

        1. Jack says:

          September 21, 2021 at 9:15 pm

          That is not true.

          Reply

        2. KJHerm says:

          June 28, 2022 at 7:46 pm

          And they have sworn an oath of office to uphold the Constitution and our laws. A federal judge even ordered Biden to resume the agreement Trump had with President Obrador that kept those coming from Mexico or south of the Mexican border to “remain in Mexico” pending adjudication of each person’s request for legal asylum. And STILL, Biden (and his worthless V.P who he put in charge of the border) are neglecting to do so. Sounds like grounds for impeachment to me…

          Reply

      3. 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

        1. Steve Gribble says:

          July 7, 2022 at 4:30 pm

          Alfred incarnacion:
          EVERY NATION in the last 5,000 years, in your description/explanation, reasoning, rationalization, was stolen from the original inhabitants, RIGHT?
          Very flimsy of you to dredge up such adolescence, as an acceptable and justifiable reasoning for the invasion of our Southern border,, without protections……

          Reply

          1. Larry says:

            August 29, 2022 at 9:58 am

            For political gain, in the weeks before the 2018 midterm election, Trump tried to claimed an “invasion” was occurring on our southern border. This was such an exaggeration that the U. S. military via the pentagon released a letter to the public stating that we were not being invaded.

        2. mark says:

          August 9, 2022 at 10:33 pm

          omg, the old ‘we stole the country’ so we need to go back to where we came from…gee what does that sound like? look in the mirror before you pontificate.

          Reply

        3. L. Maldonado says:

          October 4, 2022 at 12:53 pm

          Absolutely. God made no illegal human beings on this planet. Borders are for dogs; not humans. And these immigrants were here a lot longer than the majority of fair-hairs. Maybe some of you should look around outside your box more – 3/4 of this planet comprises black or brown skin, languages/customs & traditions other than English/American. And religions older than Christian. You can climb off your American high-horse voluntarily or be knocked off? But this territorial dog routine is getting old.

          Reply

    2. 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

      1. KJHerm says:

        June 28, 2022 at 7:46 pm

        You’d think so…

        Reply

    3. JB says:

      August 11, 2022 at 5:45 am

      Any person entering America without going through the customs/immigration process is Illegal.
      It is a crime to enter any country without permission. The protection of our own citizens from foreign invasion is why we have those laws on the books made by congress. The president cannot willfully change immigration laws outside of congressional law. Biden has which makes him a criminal as well.

      Reply

      1. Larry says:

        August 29, 2022 at 10:02 am

        Do you know the difference between a regulation and a law?

        Reply

  2. 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

    1. John Dance Adams says:

      May 19, 2022 at 4:03 am

      Would you consider the Trump presidency rational if your mother or sister or daughter were sexually assaulted by Trump? I am thing of the audio recording of Trump stating “Grab them by their pussies”
      Or the Russian collusion in the election? Or the attempted overthrow of the United States Government?

      Reply

      1. Paul says:

        August 26, 2022 at 12:16 am

        Then put them in your house! It is no more legal than someone walking into your house unwanted and taking up residence.

        Reply

    2. mark says:

      August 9, 2022 at 10:36 pm

      you have TDS, it is fatal. God bless you.

      Reply

  3. 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

  4. 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

    1. KJHerm says:

      June 28, 2022 at 8:04 pm

      Yep. And legislators from the President on down swore an oath of office to do so — to protect the U.S. Constitution and uphold our laws. They’ve failed to do so.

      Reply

  5. 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

    1. Sandy says:

      May 5, 2022 at 1:07 pm

      Anyone and everyone can claim asylum. Once asylum is claimed, a court date is given to that person so they can prove they need asylum. Today, everyone who comes to the border is saying they are seeking asylum because they know that will let them in. Because of the numbers of people seeking asylum at the border, court dates are about 5 years out for them. In the meantime, those people stay with families or sponsoring families in the US. They are able to work in the US while waiting their court date. From what I have heard from CBP officers, only about 12% of asylum seekers actually go to their court date.

      Reply

      1. KJHerm says:

        June 28, 2022 at 7:48 pm

        “Claiming asylum” is not part of our legal immigration laws. But remaining outside the U.S., applying for asylum, and waiting until it’s granted are. There are many, many people who have done so legally, and who are on that long waiting list you mention. How is allowing millions to flood in ILLEGALLY fair to THOSE people? It’s not.

        Reply

        1. KJHerm says:

          June 28, 2022 at 7:50 pm

          I should have said “Claiming asylum AFTER you’ve already entered the country” is not part of our legal immigration laws…

          Reply

          1. Jack says:

            July 9, 2022 at 12:48 am

            You might want to check your sources, because despite what you and most people think, that is very false. You can start with the 1951 U.N. Convention and follow up 1967 Protocol Summit, where the U.S. and 145 other countries signed a treaty specifically laying out rules and regulations for Asylum seekers and refugees. Then shoot on over to Article VI in the U.S. Constitution referred to as the Supremacy Clause, and see what it says about treaties, and the law of the land which supersedes state laws. Then it’s off to the Refugee Act of 1980, which laid the groundwork for Title law to be written, and codified, you can find that under Code § 1158; CHAPTER 12; SUBCHAPTER II; Part I
            Where it echoes the treaty and Refugee Act by clearly saying that immigrants, refugees or people seeking asylum may do so at anytime, further more, they DO NOT have to try and seek asylum at the first country they come to, they DO NOT have to cross over the border at an official border crossing, specifying that they my enter our airspace via plane, U.S. waters via boat, or U.S. land by motorized means or on foot, at any location along the border. Once they step foot on U.S. soil, they hold temporary citizen status, giving them all the rights afforded to American Citizens granted to us in the Bill of Rights, with the exception of the 2nd Amendment. They have one year upon entry into our country to claim refugee or asylum status. The fact that immigrants are never given that just treatment, and treated like criminals only goes to show we live in a country of hypocrisy, where both Democrat and Republican leaders don’t follow the constitution and often blatantly order unconstitutional actions to be taken. It doesn’t make the people only seeking a better life, from a country the U.S. destroyed in the first place through imperialism a criminal or here illegally. That is why some people push to get rid of the term “illegal immigrant” BECAUSE THEY ARE DOING IT THE LEGAL WAY!!!!!!!!!!

      2. L. Maldonado says:

        October 4, 2022 at 1:16 pm

        And how would CPB officers know that only 12% show up to asylum court? They are not part of that judicial system. There is no court established at the border; judges come in to adjudicate asylum claims & there are not enough of them to do the job. Those residing with family usually do show up to court; they know where they are. Rumors & lies are a big problem with people putting out speculation. Congress job is too maintain borders & immigration and one party refuses to update these laws from 25+ years ago. The problem with the border persists, because the Republican party, who has been in meltdown mode for the last 20 years, refuses to fix the problems at the border, recognize there are legitimate reasons for asylum & people also have family here. War also doesn’t help. They do not want immigrants coming here to be able to legally vote – they lose and they know it is another reason to not fix immigration and can’t exploit emotions during campaigns if immigration fixed. So they allow the open-borders; not president. That isn’t one of his/hers power. It’s Congress. Want it fixed, start holding GOP accountable.

        Reply

  6. 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

  7. 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.