Dan J. Harkey

Educator & Private Money Lending Consultant

The 10th Amendment to the U.S. Constitution, ratified on December 15, 1791, is part of the Bill of Rights.

The 10th Amendment is necessary because it clearly separates the powers and authorities of the Federal and State Governments.

by Dan J. Harkey

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Summary

Text of the 10th Amendment: “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.”

Here’s an overview:

Text of the 10th Amendment:

“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.”

Purpose and Meaning:

The 10th Amendment serves as a constitutional boundary between federal and state authority. It emphasizes the principle of federalism, which is the division of power between the national government and the states.

  • Federal Powers: The federal government only has the powers specifically granted to it by the Constitution (e.g., regulating interstate commerce, declaring war, coining money).
  • State Powers: Any powers not given to the federal government, and not denied to the states, are reserved for the states or the people. These are often called “reserved powers” (e.g., education policy, local law enforcement, infrastructure).

Historical Context:

  • The amendment was a response to concerns that the new federal government might become too powerful.
  • It reassured Anti-Federalists that states would retain significant authority.

Modern Implications:

The 10th Amendment is frequently cited in debates over:

  • States’ rights vs. federal mandates
  • Healthcare policy
  • Environmental regulations
  • Marijuana legalization
  • Educational standards

The 10th Amendment has also played a significant role in Supreme Court decisions that define the limits of federal power, providing a crucial system of checks and balances.

The 10th Amendment continues to have a significant impact on how state laws are created and enforced today, especially in areas where federal authority is limited or contested. Here’s how it plays out:

The 10th Amendment reserves powers not delegated to the federal government to the states or the people.

1. These “reserved powers” consist of:

  • Public education: States set curriculum standards, testing requirements, and school funding policies.
  • Licensing: States regulate professions (e.g., doctors, lawyers, contractors) and issue driver’s and marriage licenses.
  • Public safety and health: States manage law enforcement, emergency services, and public health regulations.
  • Intrastate commerce: States regulate businesses operating solely within their borders 

These powers allow states to tailor laws to their unique populations and needs, creating diversity in policy across the country.

2. Anti-Commandeering Doctrine

The Supreme Court has reinforced the idea that the federal government cannot force states to enforce federal laws. This principle, known as the anti-commandeering doctrine, was established in cases like:

·     Printz v. United States (1997): The Court struck down a federal law requiring local sheriffs to conduct background checks on gun buyers 

·     https://constitutioncenter.org/blog/on-this-day-the-supreme-court-reinforces-the-10th-amendment

·        Murphy v. NCAA (2018): The Court ruled that Congress could not prohibit states from legalizing sports betting 

·        https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf

This doctrine protects states from being used as administrative arms of the federal government and allows them to opt out of federal regulatory schemes.

3. Legal Conflicts and the Supremacy Clause

While states have broad powers, federal law still overrides conflicting state law under the Supremacy Clause of the Constitution. The Supremacy Clause establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. However, the 10th Amendment is often invoked in legal challenges when states feel federal laws overstep constitutional bounds.

Examples include:

  • Marijuana legalization: States have legalized cannabis despite federal prohibition, citing their reserved powers.
  • Sanctuary cities: Some cities and states limit cooperation with federal immigration enforcement.
  • Healthcare mandates: States have challenged federal health regulations, arguing they infringe on state authority 

4. Shifting Judicial Interpretations

The Supreme Court’s interpretation of the 10th Amendment has evolved:

  • Early 20th century: The Court often upheld broad federal powers.
  • 1990s onward: A revival of “New Federalism” led to decisions that reasserted state sovereignty and limited federal reach