Importance Of The Tenth Amendment - 1315 Words

The Tenth Amendment â€Å"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 purpose of the tenth Amendment is to define the division of power between the federal government and state governments. The Tenth Amendment: Protecting Freedom Against Big Government The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that. Founders†¦show more content†¦Congress wanted to change the amendment over time but the interpretive rule did not allow it . Since then congress had and understanding of power and they had to come to a balance of power. The federal government can only control what is given to them by the constitution, and the states only have control of whatever the constitution does not cover. Federal government has ran into issues with states trying to take control of what they cant. State governments have run into issues with federal government , like trying to regulate businesses when they are only allowed to regulate production.The purpose of the tenth amendment changed over time until it was revived in (New York V. United States) when a court did not let a state legislature handle radioactive wastes problems. ( Laws of The Land) â€Å" If you have ten thousand regulations you destroy all respect for the law†-Winston Churchill Instead of the federal law, states took it into their own hand to make their own. It may seem comedic but some states made their own sort of â€Å"wacky† laws. Some of the laws are countless and it seems as if states took advantage of the Tenth amendment to just create their own regulations. In Alabama it is illegal to drive while blindfolded, and in Florida it is Illegal to sell your children, and in Arkansa it is prohibited to pronounce â€Å"Arkansas’’ incorrectly. Most ofShow MoreRelatedChapter 9 of the Constitution: Bankrupcy1358 Words   |  5 Pagesbankruptcy, it is necessary to comprehend the unique United States constitutional challenges to municipal bankruptcy. The main constitutional issue can be boiled down to a clash between State sovereignty over its municipal entities as protected by the Tenth Amendment, and the necessity of a federal bankruptcy system. Any power asserted by a federal bankruptcy court over a State municipality can, if taken too far, interfere with the Stateâ⠂¬â„¢s constitutional right to control its municipality. It is this clashRead MoreWe The People882 Words   |  4 Pagesmust fall within these powers or else is the responsibility of the state. The Tenth Amendment of the Constitution speaks more broadly with respect to the powers granted to the states that have not been granted to the federal government under the Constitution (Federalism). The importance of the Tenth Amendment was very clear to the founders, in fact one very famous founder; Thomas Jefferson once said The Tenth Amendment is the Foundation of the Constitution. As we saw over the last hundred yearsRead MoreStudy Outline for Chapter 3: Federalism1301 Words   |  6 Pagesprotect personal liberty A.1. Founders believed that neither national nor state government would have authority over the other because power derives from the people, who shift their support. A.2. New plan had no historical precedent. A.3. Tenth Amendment was added as an afterthought, to define the power of states B. Elastic language in Article I: necessary and proper B.1. Precise definitions of powers politically impossible because of competing interests, such as commerce B.2. Hence vague language--necessaryRead MoreThe United States Government System Essay1199 Words   |  5 Pagestheir governments under the Constitution. State Governments, on the other hand, are responsible for governing their selective state under their individual constitutions, for the Tenth Amendment of the Constitution enables the State Government to have powers that are not clearly stated in the Constitution. (Tenth Amendment ) Though these two governments parallel one another, there are differences in the internal mechanisms of how their three branches execute, and also in the way laws are initiatedRead MoreBill of Rights Essay1647 Words   |  7 Pages Brant gives a summary of how these amendments proposed by James Madison, would be added quickly to the Constitution: The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nationRead MoreThe Constitutional Theory Of The Constitution1735 Words   |  7 Pagesthe suspension of the writ of habeas corpus except in cases of rebellion and invasion in order to protect citizens from being taken and held prisoner with no legal basis for being held. In The Federalist No. 84, Alexander Hamilton stressed the importance of the writ of habeas corpus to protect against the favorite and most formidable instruments of tyranny. Bills of attainder and ex post facto laws were prohibited from being passed by the Constitution because it seemed that the framers thoughtRead MoreThe Federalist Papers By James Madison, Alexander Hamilton And John Jay1513 Words   |  7 Pagesin relation to the division of power and the constitution, is the tenth amendment. This amendment states, in general, that any powers not specifically stated as being given to the federal government or prohibited by it, are reserved for the States or the people. In writing The Federalist No. 10, Madison starts by stating that a well constructed union provides many advantages overall. He then goes on to highlight the importance of such a union to hold an inclination to dissolve and control theRead MoreUsing Examples, Explain the Difference Between Obscene and Indecent Materials.1267 Words   |  6 Pagesis described as being offensive to the public. Both obscene and indecent can be view differently by the public; however, the Constitution plays a role with indecent material. Obscene material is not protected by the First Amendment,† (The Dynamics of Mass Communication Tenth Edition, page 377) and broadcast stations cannot air obscene material at anytime. The problem with this is that no one had come up with a set standard of what obscene material is. Due to the difference in beliefs between familiesRead MoreThe Students Bill Of Rights968 Words   |  4 Pagesprovides a healthy environment for learning for the students. The author of this essay highly respects students’ bill of rights in the school. The students do not lose their constitutional rights when they come to school. Thus, they have First Amendment rights to express themselves. The democratic leader embraces this freedom of expression. However, students do not have the full range of the constitutional rights. The principal of a school has the power to make rules for the student to followRead MoreThe Progressive Movement Of The United States982 Words   |  4 Pagescontrol s ome of the police powers given to states under the Tenth Amendment. The Supreme Court seemed as an obstruction to the progressive movement to create a positive government that could create the regulations, laws and reforms necessary to improve the condition of the working class and reduce corporation’s political influence. Justice Brandeis and Justice Homes defended many constitutional guarantees, especially the First Amendment speech protection. Their idea was that the Supreme Court should