How does the 10th amendment delegate power to the federal government and the states?

Answer 1

"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." In other words, the powers not granted to Congress in Article I, the powers not granted to the Executive in Article II and the powers not granted to the Judiciary in Article III [or any of the remaining powers granted in Articles IV, V and VI] are reserved to the States and then to the People. How this principle is applied depends on whether the US can be shown to be applying laws and rules that would contravene these rights, i.e. exceeding the mandate of the Constitution. To view a transcript of the Preamble as well as Articles I through VII of the Constitution of the United States of America, as well as a transcript of the 1st through the 10th Amendments, also known as the Bill of Rights, please feel free to click on the links to the National Archives' website which are listed below under Related Links. Persons who are not attorneys often conclude that the 10th Amendment is a very powerful check against the federal government. However, this is a common misunderstanding. For more information, please read the additional notes on the discussion page.

Answer 2

The Tenth Amendment (Amendment X) to the US Constitution was ratified on December 15, 1791.

The Tenth Amendment explicitly states the Constitution's principle of Federalism by providing that powers not granted to the Federal Government nor prohibited to the state by the Constitution of the United States are reserved to the states or the people.

This is the last amendment attached to the "Bill of Rights." Since this amendment was ratified, there have been many interpretations of it by both the States Rights and the Federal proponents. Over the same years, the Supreme Court based it's decisions on it's own ideology at the time.

The States and the Federal government do not have "rights" but the power to establish rights. The citizens of the United States are delegated rights such as in the right to vote, to assemble, the freedom of speech, and the freedom of religion. Examples include states determination to set rules for marriages, divorces, driving licenses, voting, state taxes, job and school requirements, rules for police and fire departments, and many more.

In interstate commerce, the federal government can only regulate but the states have the right to create their own mandate if it do not interfere with the trading between one industry in one state and the buyer of another that includes imposing tariffs.

During the time of slavery, the Supreme Court always upheld states rights. The slaves were considered "merchandise" and not people. Even after slavery was abolished, the Supreme Court has upheld states rights in the "separate but equal" cases (Jim Crow laws). It wasn't until the Warren Court in the 1950's, who started to reverse these trends. It took another constitutional amendment to outlaw poll taxes and the Civil Rights Act of 1964 to forbid all states to practice the "separate but equal" clauses.

Answer 3

== == The states are granted all the powers that have not been granted to the federal government in the constitution.

Answer 4

It says that any power not stated in the Constitution to the government is up to the individual states to decide.

Answer 5

Reserved powers

Answer 6

Powers not given to the Federal Government belong to the states or the people