What is the Tenth Amendment

• Steven Topazio wrote this July 24, 2024 at 3:54 pm

The Tenth Amendment to the United States Constitution is part of the Bill of Rights, ratified on December 15, 1791. It emphasizes the principle of federalism and limits the powers of the federal government by reserving certain powers to the states or to the people. The text of the Tenth 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.”

Key points of the Tenth Amendment include:

Reserved Powers of the States: Any powers not specifically granted to the federal government by the Constitution, nor prohibited by it to the states, are reserved for the states or the people. This means that under the Tenth Amendment, states have the authority to govern themselves in matters not addressed by the federal government.

Limitation on Federal Authority: The Tenth Amendment serves as a check on the power of the federal government, emphasizing that it only has the authority explicitly granted to it by the Constitution. Powers not expressly delegated to the federal government remain with the states or the people.

Principle of Federalism: It embodies the principle of federalism, which divides governmental authority between the national government and state governments, allowing for a balance of power and promoting local autonomy.

The Tenth Amendment is fundamental in maintaining the division of powers between the federal government and the states, ensuring that states have the flexibility to address local issues and preferences. It reflects the framers’ intent to create a system of government that respects the sovereignty of both the national and state governments.