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An Amendment can't be challenged as unconstitutional; only statutes, policies, executive orders and treaties can be challenged.
The Tenth Amendment has been invoked on rare occasions, however. The Supreme Court held in United States v. Sprague,(1931) that "The Tenth Amendment added nothing to the Constitution as originally ratified, and lends no support to the contention that the people did not delegate this power to Congress in matters affecting their own personal liberty."
The Tenth Amendment has been previously held non-justiciable, but that hasn't stopped litigants from citing the vague wording to support arguments favoring State sovereignty over federal authority. Tenth Amendment proponents believe the Constitution only grants the national government authority that is explicitly enumerated in the Constitution, and believe "implied powers" are unconstitutional.
In the 2010 Term, the Supreme Court heard arguments in the case United States v. Bond, 09-1227, in which the respondent argued the Federal government had exceeded its authority by charging her in federal court with a crime under 18 U.S.C. § 229(a), a law "enacted by Congress to implement the United States' treaty obligations under an international arms-control agreement that prohibits nation-states from producing, stockpiling, or using chemical weapons..." after she attempted to poison her husband's pregnant lover. Bond believed the case should have been tried in the State courts and challenged the United States' authority to remove her case to federal court. The Supreme Court is expected to make a decision before the end of June 2011.
The health care legislation often referred to as "Obamacare" (Patient Protection and Affordable Care Act of 2010) is also expected to face a Tenth Amendment challenge.
Amendment X
"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 else can I help you with?
Is it correct to consider the tenth amendment part of the bill of rights?
The Bill of Rights is the name given to the first ten amendments so the Tenth Amendment is part of the Bill of Rights.
What do you call the tenth Amendment?
bill of rights
Why was the tenth amendment added to the bill of rights?
The tenth amendment was added to the Bill of Rights to limit the power of the federal government and give the states' powers Constitution didn't directly give the federal government.
What is amendment ten?
The Tenth Amendment states, '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.' It is part of the Bill of Rights.
Which was the First Amendment added to the Constitution after ratification of the Bill of Rights?
Any amendment after the tenth one. Pay attention to the question.
Which amendment in the bill of rights defines the reserve power of nthe power?
10
What are the types of Bill of Rights?
what type of amendment is the Bill of Rights
Is the 10th Amendment the last Amendment to the Constitution?
No, the Tenth Amendment is the last Amendment in the Bill of Rights (the first Ten Amendments to the Constitution). As of 2011, the US Constitution has 27 Amendments; the last, concerning compensation to members of Congress, was ratified in 1992.
What amendment from the bill of rights protects peoples rights to be a Muslim?
1st amendment
What type of amendments are the Bill of Rights?
what type of amendment is the bill of rights
What types of amendments are the bill of rights?
what type of amendment is the Bill of Rights
What is the forth amendment?
the fourth amendment is the Bill Of Rights
