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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.
The Tenth Amendment reserves to the states respectively, or to the people, all powers and rights not delegated to the Federal government by the Constitution [so long as these powers or rights are not prohibited to the states by the Constitution. eg. dormant commerce clause.]
How this principle is applied depends on whether the Federal Government, a State Government, or the people can be shown to be exercising authority that would undermine or usurp the powers reserved to one or to the other, 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.
What else can I help you with?
What is the main idea of the 19th amendment?
This amendment guaranteed women the right to vote.
What is the constitutional orphan of the Tenth Amendment?
What is the "constitutional orphan" of the Tenth Amendment?
What political groups are associated with the tenth amendment?
The Tenth Amendment Center
Which Constitutional Amendment is known as the State's Rights amendment?
The 10th amendment.
What is the tenth?
The tenth amendment insures the power of our states and people
What if i don't agree with the tenth amendment because i don't think it stop taxes?
the tenth amendment does not safe taxes
What is the main idea behind the Eighth Amendment?
It protects people from cruel and unusual punishment.
What is the main idea behind the eight amendment?
The main idea behind the Eighth Amendment is to prevent cruel and unusual punishment, as well as excessive bail or fines. It aims to protect individuals from disproportionately harsh or severe treatment by the government.
Prior to the civil war the tenth amendment was used to support which type of fedralism?
Prior to the Civil War, the Tenth Amendment was used to support
Which amendment divided the sovereignty between the states and the federal government?
The Tenth Amendment.
Individual states retain responsibility for education due to which amendment?
tenth amendment
Which Amendment to the Constitution gives the states authority that the Federal Government does not have?
Tenth Amendment
