Tenth Amendment to the United States Constitution (2024)


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Tenth Amendment to the United States Constitution (2024)


Tenth Amendment to the United States Constitution? ›

Amendment Ten to the Constitution was ratified on December 15, 1791. It makes clear that any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

What is the 10th Amendment in simple terms? ›

Tenth Amendment Explained. 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.

What is an example of a violation of the 10th Amendment? ›

The federal government violated the Tenth Amendment when Congress required state and local officials to perform background checks on people buying guns.

What rights are protected by the 10th Amendment? ›

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.

What are the first 10 amendments? ›

Ratified December 15, 1791.
  • Amendment I. Freedoms, Petitions, Assembly. ...
  • Amendment II. Right to bear arms. ...
  • Amendment III. Quartering of soldiers. ...
  • Amendment IV. Search and arrest. ...
  • Amendment V. Rights in criminal cases. ...
  • Amendment VI. Right to a fair trial. ...
  • Amendment VII. Rights in civil cases. ...
  • Amendment VIII. Bail, fines, punishment.

What is a real life example of the 10th Amendment? ›

There are still important 10th Amendment cases happening in contemporary American society. One example is the drinking age in America. States have the power to determine what the legal drinking age should be, but every single state has chosen 21.

What is the difference between the 14th Amendment and the 10th Amendment? ›

The Tenth Amendment gives states all powers not specifically given to the federal government, including the power to make laws relating to public health. But, the Fourteenth Amendment places a limit on that power to protect people's civil liberties.

What is one controversy that involves the Tenth Amendment? ›

For example, in New York v. United States, the Court held that the Tenth Amendment prohibited Congress from enacting a comprehensive plan for the disposal of radioactive waste that required states to assume responsibility for the disposal of waste within their borders.

What are two powers that are denied to both the states and the national government? ›

Constitution denies some powers to both the federal government and the states. [example: deny people accused of crimes the right to trial by jury. The Constitution forbids the federal government and the states from granting titles of nobility.

Who wrote the 10th Amendment? ›

James Madison opposed the amendments, stating that "it was impossible to confine a Government to the exercise of express powers; there must necessarily be admitted powers by implication, unless the Constitution descended to recount every minutia." When a vote on this version of the amendment with "expressly delegated" ...

How does the Tenth Amendment affect U.S. today? ›

The 10th Amendment allows the powers not specifically given to the federal government to be given to the states and people of the states. It allows for states to create specific guidelines and regulations separate from the federal government.

What are the limitations of the 10th Amendment? ›

The Tenth Amendment does not impose any specific limitations on the authority of the federal government; though there had been an attempt to do so, Congress defeated a motion to modify the word delegated with expressly in the amendment.

What are denied powers? ›

Answer and Explanation: Denied powers are powers denied to nation and state government branches to maintain balance and fairness. In relation to the Legislative Branch of government, Congress is denied from having the power to make a law that labels someone as guilty before having a trial.

Who has the power to declare war? ›

The Constitution grants Congress the sole power to declare war. Congress has declared war on 11 occasions, including its first declaration of war with Great Britain in 1812.

What stops one branch of government from becoming too powerful? ›

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances.

Can the Constitution be changed? ›

An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

What is the connection between the Tenth Amendment and the Nineteenth Amendment? ›

Final answer: The 10th and 19th Amendments both deal with women's suffrage, granting women the right to vote. The 10th Amendment grants states additional power to protect rights beyond those protected by the federal government.

What is the difference between the 9th and 10th Amendments? ›

Addressed to our rights, the Ninth Amendment states, "The enumeration in the Constitution of certain rights shall not be construed to deny or dis- parage others retained by the people." By contrast, the Tenth Amendment speaks to powers: "The powers not del- egated to the United States by the Con- stitution, nor ...

What does Article 10 of the Constitution mean? ›

Article I, Section 10, limits the power of the states. States may not enter into a treaty with a foreign nation; that power is given to the president, with the advice and consent of two-thirds of the Senate present. States cannot make their own money, nor can they grant any title of nobility.

Why is the 10th Amendment controversial? ›

The basic problem is that the language of the Tenth Amendment appears to assume a clear demarcation of state and federal domains of authority. This conception, sometimes termed “dual federalism,” no longer comports with reality. The areas of society subject to federal regulation have grown significantly over time.


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