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It gave the powers not given to the federal government to the states themselves. That is a lot of things that the constitution gives the states. But in a dispute over federal and state laws, Federal Laws overrule state laws.

As a practical matter, there has bee no successful challenge to a federal law based on the 10th Amendment since the 1930's (with the exception of the Lopez case). Therefore, when Tea Party activists and far right politicians argue that a law is unconstitutional because it is not the federal government's business, it is a meaningless protest. If the feds want to pass a law, it will virtually always be upheld as a reasonable exercise of the Commerce Clause of the Constitution, notwithstanding the seeming implications of the Tenth Amendment.

Also, the feds can get their way by simply conditionally promising money. For example, when the feds said that speed limits should be 55 MPH, a plausible argument could have been made that setting speed limits by the feds was the state's business pursuant to the 10th Amendment (after all, there is nothing specific in the Constitution about regulating speed limits), but if a state had refused to lower the speed limits, the feds would not have provided that state any more highway funds.

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14y ago

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