The Tenth Amendment | The National Constitution Center | US government and civics | Khan Academy

Summary

The 10th Amendment to the U.S. Constitution is explored in this discussion, highlighting its role in defining the balance of power between the federal government and states. It reserves powers not delegated to the federal government to the states or the people, embodying the principle of limited and enumerated federal powers. The conversation with legal experts delves into the historical context of the amendment, its significance in maintaining federalism, and how its interpretation has evolved alongside the expansion of federal authority, especially in the realms of commerce regulation and civil rights protection post-Civil War.

Takeaways

• 📜 The 10th Amendment was added to calm fears of a strong central government by affirming the limitation of federal powers.
• ⚖️ The Amendment states that powers not delegated to the federal government are reserved for the states or the people.
• 👥 The Amendment was a response to concerns about centralization, echoing fears of distant, powerful rule like King George's government.
• 🏛️ It establishes the principle of Federalism, where certain powers are given to the national government, and the rest are reserved for the states.
• 🔍 The phrase 'or to the people' was added in Congress, emphasizing that individuals have rights and powers, not just states.
• ⚔️ The 10th Amendment is often interpreted alongside the 9th Amendment, which speaks to unenumerated rights retained by the people.
• 🏛️ Over time, the interpretation of the 10th Amendment has evolved, especially as federal powers expanded, particularly during the New Deal.
• 🏗️ The 14th Amendment significantly altered the federal-state power balance by empowering the national government to protect individual rights against state actions.
• ⚖️ The Supreme Court has used the 10th Amendment to maintain a balance between state and federal powers, despite expanding federal authority.
• 📜 In recent years, the courts have invoked the 'spirit' of the 10th Amendment to affirm the importance of states in the Constitutional structure.

Q & A

What is the primary purpose of the 10th Amendment?

The 10th Amendment is designed to reaffirm the principle of limited and enumerated powers of the federal government, ensuring that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.

How did the 10th Amendment come into existence?

The 10th Amendment was proposed by several states during the ratification debates as a response to opposition to the Constitution, which lacked a Bill of Rights and was seen as potentially infringing upon state powers and individual liberties.

What is the significance of the phrase 'or to the people' in the 10th Amendment?

The phrase 'or to the people' was added by Congress and not proposed by the states. It indicates that the people have reserved powers to govern themselves, emphasizing that rights and powers are held by individuals, not just by states.

How does the 10th Amendment relate to the concept of federalism?

The 10th Amendment is a statement of the overall structure of federalism, where certain powers are given to the national government, and powers not delegated are reserved to the states or the people, reflecting a balance of power between federal and state governments.

What historical concerns led to the inclusion of the 10th Amendment?

The framers of the 10th Amendment were particularly concerned with preventing the rise of a distant and powerful centralized government, similar to the government of King George, which they had experienced in England.

How has the interpretation of the 10th Amendment evolved over time?

The interpretation of the 10th Amendment has evolved alongside the expansion of federal power, particularly in areas like interstate commerce regulation and the protection of individual rights. The Supreme Court has used the 10th Amendment to enforce the spirit of the Constitution, preserving the existence of states even when Congress claims broad powers.

What role did the Supreme Court play in shaping the 10th Amendment's interpretation?

The Supreme Court has played a significant role in shaping the 10th Amendment's interpretation, initially declaring it as a truism during the New Deal era, and later using it to enforce the spirit of the Constitution, which preserved states' autonomy against expansive federal powers.

How does the 14th Amendment intersect with the 10th Amendment in terms of state powers?

The 14th Amendment, particularly its equal protection and due process clauses, introduced new national restrictions on state authority and empowered the federal government to protect individuals from state violations of their rights, which has intersected with and sometimes limited the state powers reserved by the 10th Amendment.

What are the implications of the 10th Amendment for state sovereignty?

The 10th Amendment affirms state sovereignty by ensuring that powers not delegated to the federal government are reserved to the states, providing a constitutional basis for states to maintain autonomy in areas not specifically granted to the federal government.

How has the 10th Amendment been utilized in recent Supreme Court cases?

In recent years, the Supreme Court has used the 10th Amendment to reinforce the importance of states in the Constitutional structure, creating carve-outs or special protections for states from expansive federal powers, even though the original meaning of enumerated powers has been exceeded.