StateMaster - Encyclopedia: Tenth Amendment to the United States Constitution

Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ...

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History and case law

The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."^[1] After the Constitution was ratified, some wanted to add a similar amendment limiting the federal government to powers "expressly" delegated, which would have denied implied powers.^[2] However, the word "expressly" ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not amend the Necessary and Proper Clause. The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... A federal government is the common government of a federation. ... Implied powers are those powers authorized by a legal document which, while not explicitly stated, are deemed to be implied by powers expressly stated. ... The necessary and proper clause (also known as the elastic clause) refers to Section 8 of Article One of the United States Constitution: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the...

The Tenth Amendment, which makes explicit the idea that the federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism. In United States v. Sprague (1931) the Supreme Court noted that the amendment "added nothing to the [Constitution] as originally ratified." A truism is a claim that is so obvious or self-evident as to be hardly worth mentioning, except as a reminder or as a rhetorical or literary device. ... United States v. ... Year 1931 (MCMXXXI) was a common year starting on Thursday (link will display full 1931 calendar) of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal The Supreme Court of the United States (sometimes colloquially referred to by the...

From time to time states and local governments have attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby, 312 U.S. 100, 124 (1941), reads as follows: Holding Fair Labor Standards Act was a constitutional exercise of Congressional power under the Commerce Clause. ...

The Tenth Amendment makes explicit what had before only been implied. It is also worth keeping in mind that the reserved powers mentioned in the Tenth Amendment are not the only powers that state governments possess. They additionally have what are called concurrent powers, which are held by both the states and the federal government. However, Congress may be able in some instances to preempt those concurrent state powers. Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... The National Archives building in Washington, DC The United States National Archives and Records Administration (NARA) is an independent agency of the United States federal government charged with preserving and documenting government and historical records. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... This article is about the power of federal law in the United States. ...

Farts participation or commandeering

As suggested above, the Supreme Court rarely declares laws unconstitutional for violating the Tenth Amendment. In the modern era, the Court has only done so where the federal government compels the states to enforce federal statutes. In 1992, in New York v. United States 505 U.S. 144 (1992), for only the second time in 55 years, the Supreme Court invalidated a portion of a federal law for violating the Tenth Amendment. The case challenged a portion of the Low-Level Radioactive Waste Policy Amendments Act of 1985. The act provided three incentives for states to comply with statutory obligations to provide for the disposal of low-level radioactive waste. The first two incentives were monetary. The third, which was challenged in the case, obliged states to take title to any waste within their borders that was not disposed of prior to January 1, 1996, and made each state liable for all damages directly related to the waste. The Court, in a 6–3 decision, ruled that the imposition of that obligation on the states violated the Tenth Amendment. Justice O’Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (i.e., by attaching conditions to the receipt of federal funds, see South Dakota v. Dole), or through the commerce power (by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations. In 1997, the Court again ruled that a federal act, this time the Brady Handgun Violence Prevention Act, violated the Tenth Amendment (Printz v. United States, 521 U.S. 898 (1997)). The act required state and local law enforcement officials to conduct background checks on persons attempting to purchase handguns. Justice Scalia, writing for the majority, applied New York v. United States to show that the law violated the Tenth Amendment. Since the act “forced participation of the State’s executive in the actual administration of a federal program,” it was unconstitutional. Holding The take title provision of the Low-Level Radioactive Waste Policy Amendments Act violates the Tenth Amendment and exceeds Congresss power under the Commerce Clause. ... is the 1st day of the year in the Gregorian calendar. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... was a precident-setting legal case concerning Federalism. ... The Brady Handgun Violence Prevention Act, also known as the Brady Bill, was passed by the United States Congress, signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. ... Holding The Brady Handgun Violence Prevention Acts interim provision commanding the chief law enforcement officer (CLEO) of each local jurisdiction to conduct background checks, Â§922(s)(2), is unconstitutional. ... Justice Antonin Scalia Justice Antonin Scalia (born March 11, 1936) has been a US Supreme Court Associate Justice since 1986. ...

Commerce clause

According to the Tenth Amendment, the federal government of the United States has the power to regulate only matters specifically delegated to it by the Constitution. Other powers are reserved to the States, or to the people. The Commerce Clause is one of those few powers specifically delegated to the federal government and thus its interpretation is very important in determining the scope of federal legislative power. Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ...

The Commerce Clause has been cited in many cases that have allowed the federal government to limit what were previously considered rights "reserved to the States respectively, or to the people."

In Wickard v. Filburn (1942), the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for "home consumption" on a farm--that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers. Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat. Holding Production quotas under the Agricultural Adjustment Act were constitutionally applied to agricultural production that was consumed purely intrastate, because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause. ...

In Garcia v. San Antonio Metropolitan Transit Authority (1985), the Court announced that it would no longer regard Tenth Amendment questions as justiciable, holding "[t]he political process ensures that laws that unduly burden the States will not be promulgated" by Congress. Garcia v. ...

In United States v. Lopez 514 U.S. 549 (1995), a federal law mandating a "gun-free zone" on and around public school campuses was struck down because, the Supreme Court ruled, there was no clause in the Constitution authorizing it. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause. The opinion did not mention the Tenth Amendment, and the Court's 1985 Garcia opinion remains the controlling authority on that subject. Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... The Gun-Free School Zones Act (1990) is a piece of legislation passed by the US Congress. ...

Most recently, the Commerce Clause was cited in the 2005 decision Gonzales v. Raich. In this case, a California woman sued the Drug Enforcement Administration after her medical marijuana crop was seized and destroyed by Federal agents. Medical marijuana was explicitly made legal under California state law by Proposition 215; however, marijuana is prohibited at the federal level by the Controlled Substances Act. Even though the woman grew the marijuana strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own marijuana affects the interstate market of marijuana, citing the Wickard v. Filburn decision. It therefore ruled that this practice may be regulated by the federal government under the penumbra of the Commerce Clause. Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... The DEAs enforcement activities may take agents anywhere from distant countries to suburban U.S. homes. ... Cannabis sativa extract. ... Proposition 215 was a proposition in the state of California on the November 5, 1996 ballot. ... The Controlled Substances Act (CSA) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. ... Holding Production quotas under the Agricultural Adjustment Act were constitutionally applied to agricultural production that was consumed purely intrastate, because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause. ... It has been suggested that this article or section be merged into Umbra. ...

Federal funding

Another controversial technique used by Congress has been to deny federal funding to states when certain state laws do not conform to federal guidelines. For example, the national 55 mph (89 km/h) speed limit and the national 21-year drinking age were imposed through this method; the states would lose highway funding if they refused to pass such laws. See e.g. South Dakota v. Dole, 483 U.S. 203 (1987). A road speed limit is the maximum speed allowed by law for road vehicles. ... Many nations have a legal drinking age, or the minimum age one must be to drink alcohol. ... was a precident-setting legal case concerning Federalism. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1987 (MCMLXXXVII) was a common year starting on Thursday (link displays 1987 Gregorian calendar). ...

Tenth Amendment Extras--72.199.125.175 23:00, 9 November 2007 (UTC)There are alot of farts in this country, but only mine smell like marshmallows.

External links

Categories: 1791 in law | Amendments to the United States Constitution | Federalism Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... 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The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. 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The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... 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