U.S. Constitution: Tenth Amendment
Tenth Amendment – Reserved Powers
Amendment Text | Annotations
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.
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After the adoption of the Constitution, the new America was concerned that there were certain issues that had not been addressed by the Constitutional Convention that wrote the U.S. Constitution. In its efforts to address the concerns, amendments were drafted, and submitted to the States for ratification, in accordance with the procedures outlined in the new government’s handbook, the Constitution.
The first ten amendments, which include our freedom of speech, the right to bear arms, and the right to trial, are referred to as our Bill of Rights. The last amendment included in the Bill of Rights is the 10th Amendment, which, essentially says that any right or power not granted to the U.S. Government as the central federal government are reserved and retained by the sovereign states.
The fear was that the states did not want to give up all of their sovereign rights and powerd to the central government. It was recognized that there was a necessity to have a central government for such reasons as a national currency and to be able to negotiate and deal with other countries for trade and security reasons. But the primary concept in the 1780’s was to keep the power in the hands of the individual states and to keep the government’s power limited, thus avoiding Big Government.
And so, the question is: has the powers of the States as reserved by the Tenth Amendment become watered down and useless as we have grown our Big Government to the massive bureaucracy that it is today? Is it conservative policies that have done this, or is it the liberal views?
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August 2, 2008 at 6:22 am
Interested Bystander
James,
I have argued this exact point many times, as you may know over at BHDC. The STATES are supposed to be responsible for it’s citizens, not the Federal Government. The major problem is all of the Federal restrictions that are put on the States. Like legal drinking age of 21 to get Federal Highway construction funds. Or the curriculum requirements on Schools to get Federal funds. OSHA requirements on businesses, and the list goes on and on.
States should be more responsible in all area besides Defense, Foriegn relations, Postal issues, and Air Transportation regulations.
How have we let the Federal Government gain so much power over the States? This has been done little by little over time. Take a little here, and a little there. Hillary’s “Universal Health Care” is a good example, the people didn’t want it, that is a FACT. So what did they do? They pounced on the weakest part of our society (kids), and said, “but we need to insure kids that have no insurance”. Now we do, and the program is expanding at an alarming rate. Next will be college age people, go to college, get health insurance. Then those people will become dependant on Government Health care, and it just balloons from there. Get your foot in the door, and then from there, the rest is gravy. What this has done is ensure that a small geographic area dictates to the rest of us. There are many examples. Gun control is one. Rowe V Wade is another. The Interstate Highways is one that puts many requirements on States (Federal Speed limits, legal drinking age requirements, seat belt requirments).
It has always been my belief that the States should be the bigger power. Let the people of each State decide what they want THEIR Government responsible for. If they want Unemployment Insurance, let the people decide. Welfare, Medicare/Medicade, business regulations, Social Security, Education, the list goes on and on. Maybe more people would be more interested in their schools if they had more power as to what is taught. The Federal Government dictates to the States now. What good is the PTA? What good are Unions any more since the Federal Government dictates to businesses the conditions that employees work in? Unions (except for a few Federal Government Unions like the Postal Union) are worthless now. They have been since the mid seventies when these regulations were first instituted.
And the problem is, this issue just gets worse and worse. I wonder what would happen if a State (by way of it’s citizens vote) would opt out of Federal funds? Could a States refuse to participate in Federal programs, and withold those funds, or let their citizens keep that money? Probably not. If this happened, I believe there would be a snowball effect.
The Federal Courts should be the first to go. What good are Federal Courts? These are just duplicates of State Courts. Let the States adjudicate cases, and make the Supreme Courts (both State and Federal) do their jobs.
Give people back their lives. Let the Federal Governement quit telling me what is best for me. I can live my life quite well thank you , if given the chance. That’s why Government is called “Uncle Sam”, not “Mom and Dad Sam”.
August 2, 2008 at 9:05 am
JAMES
IB: Your last paragraph says it all.
August 2, 2008 at 12:32 pm
JAMES
The Congress has taken a FIVE WEEK recess/ vacation, though the Republicans staged a good attempt to stay in session. The Republicans stated that the energy issue- high fuel costs– is too important to put off until after the summer recess, and, with a line I liked, it was said that if so many American families have been forced to alter or cancel vacation plans because of the fuel concerns, then so too should Congress.
So, any thoughts on rating Nancy Pelosi’s leadership since the voter’s mandate of 2006??
August 2, 2008 at 2:49 pm
Interested Bystander
James
Pelosi, and Reid both get F- for their leadership since 2006. The economy has gone in the crapper, fuel prices are out of control which leads to inflation in all aspects of our lives. The only thing that has helped was Bush announcing looking in to off shore drilling. The democrat controlled House and Senate haven’t passed ANY pertinent pieces of legislation. They continue to gripe about the war, but have done nothing to stop it (I do not agree with the democrats position on the war), they complain about unemployment (5.6% is just awful I know, try living in the early 80’s when it was around or over 8%), and the list goes on.
For the congress to take recess at this hour is just unimaginable. Then after they come back, they’ll have to start their own campaigns for re election. With the democrats claiming such tumoil with the economy, etc., how do they justify going on summer recess without addressing these problems?
August 2, 2008 at 2:56 pm
Interested Bystander
Good for the GOP to stick around even though the lights, and microphones were turned off to bring light to the energy issue. I heard one congressman even deplaned to come back to the House to speak on the issue.
Now who loves for you baby (as Kojak would say).
Democrats would rather go on vacation, the GOP stays to address the issue.
August 2, 2008 at 2:57 pm
Enigma
James, Great article; enjoy your great wisdom.
IB/ Great comments how are you my friend?
August 2, 2008 at 3:35 pm
JAMES
I do not think that either party has all the answers, but I hope this issue and the lengthy vacation of Congress sparks the American electorate to “make a statement” in the Fall, and perhaps send Nancy Pelosi HOME on a permanent basis, along with a few others.
August 2, 2008 at 3:45 pm
Enigma
James, the great question is in your last paragraph. You stated; “And so, the question is: has the powers of the States as reserved by the Tenth Amendment become watered down and useless as we have grown our Big Government to the massive bureaucracy that it is today? Is it conservative policies that have done this, or is it the liberal views?
I say very much so; Why has big Government been allowed to take so much control from the States and their elected officials. One answer could be that we as a people need to make sure that we elect strong, educated and most of all capable leaders so they have the abilities and know how to govern those State and provide for its citizens.
I look at the example of the New Orleans hurricane and how mush a debacle that was because of poor planning, poor leadership and most of all the inability to understand Mother Nature and the risk a hurricane to do to that great city because geographic conditions it which it is located. Had this devastation happen in other well managed states around our country there would have been a much better out come. I get so sick and tired of Liberals blaming Bush and big Government for not responding to help these people in time. When are people going to start taking responsibility for their own actions? When are people going to understand that Big Government can’t solve all your problems? Socialism doesn’t work and never will. Our Country was built on strong leadership of man and women who worked hard to achieve and solve problems.
I was amazed after all that happened in New Orleans that the people elected the same person to make the same mistakes again. ((Total Ignorance)). Unless we as a people start taking control of the our states and stop allowing Big Government to dictate and weaken the right we have as citizens under the Fifteenth Amendment we well see many of our states continue to lose control of their powers and soon become a Welfare states with more loss of freedoms.
June 18, 2013 at 2:46 pm
vicky grotovsky
Because the people who vote are uneducated, that is why they vote for the same people who don’t have a clue what to do.
August 2, 2008 at 3:52 pm
Enigma
Pelosi, and Reid don’t even get me started about them. Never in my life have I seen two Schmucks that deserve each other.
August 2, 2008 at 4:03 pm
JAMES
“Two Schmucks”— my grandfather used that term all the time.
August 2, 2008 at 5:40 pm
Interested Bystander
Enigma,
I am well my friend.
I really like the concept James has formed here. I am sure there will be other topics, and as time passes, more and more folks will come here.
Keep up the good work James.
Enigma, your thoughts on NO are right on point. It’s always the federal government is supposed to do this or that. They had at least two days warning. The Mayor let all of those school buses flood, instead of using them to transport people inland. The Govenor did nothing. And then they opened the Superdome, and chaos broke out. But it was the government’s fault. People can’t even act civil at the worst of times.
It’s like people use any circumstance to act barbaric. A team wins the Superbowl, and people use that to cause havoc. A jury comes down with a contorversial verdict, and people riot. People get flooded, and they vandalize, rape, and murder. It’s unbelieveable that this country has come to this.
August 2, 2008 at 5:41 pm
Interested Bystander
Enigma,
Thanks for asking. I hope all is well with you too.
August 23, 2008 at 12:37 pm
Desiree
O.k. i have a Question and I’m having trouble. has the federal government become too strong? how?
August 23, 2008 at 1:22 pm
JAMES
Desiree: From my understanding of our Constitutional history, the nation’s founders, having dealt with the British monarchy as their ruler, formed our government in such a way as to have a central Federal government for the issues that needed to be handled for all the states, such as money, postal concerns, foreign trade, etc.
But the states reserved to themselves all powers not given to the federal government. That is why some states assess state income taxes and some do not.
Our federal government, in my opinion, is way to large. We have a tax code that is so cumbersome that even some experts cannot handle it. We have placed extreme burdens on businesses, and in doing so, we have discouraged the spirit of entrepreneurship. We have created a welfare system that is a burden to hard working Americans.
There are many more examples, and I will elaborate further, and hopefully Interested Bystander can be of assistance as well.
August 24, 2008 at 4:45 pm
Interested Bystander
Ok Desiree,
I will give you a couple of examples as to how the Federal Government has become too strong.
Education,
The Feds dictate what can and can not be taught in schools. They have gone so far as to tell schools that they have to have guardian consent to give a student a simple asprin, but no consent is needed to hand out a condom.
Transportation,
To recieve Federal funds States must abide by any numerous of Federal Regulations that include Speed Limit restrictions, DUI, and age restictions on liquor sales. Just a thought, but has anyone noticed that it is not “driving while intoxicated” anymore, but instead it is “driving while impaired”. Big difference if you ask me. But their argument of “if it saves one life” is hard to debate.
Businesses,
Are also under severe government restrictions to include OSHA laws, as well as Employment laws. Severe fines are given to companies who do not comply. Tax incentives are given by the State now to encourage businesses to locate there BECAUSE of the Federal restrictions. We can not even imagine what a company has to go through just to get a piece of property “zoned” so they can build there.
Just a few instances of how our Federal Government has become “too strong”. You can say it is all done “for our own good”, but I argue that is not the Govenment’s responsibility. No where in our constitution does it say that the Government is supposed to “take care ” of it’s citizens. The Feds are supposed to stay out of our lives, so we don’t have these restrictions, and can make a living “without Uncle Sam” instead of “in spite of Uncle Sam”.
August 24, 2008 at 5:00 pm
JAMES
Thanks IB. I had a great example of the attack on businesses placed on my desk this week. Given the present housing market, I was not surprised that the tax assessed value on our home had been decreased, though the taxes have not decreased in the same proportion. But the next day, the business I am with received it property tax notice, which showed the tax assessed value increased, and dramatically so. The theory is that we’ll lessen the burden on the homeowners, and tax the businesses— there it goes again, Profit is a dirty word!
August 24, 2008 at 7:11 pm
Interested Bystander
James,
I find it hard to understand with all of the “limits” that businesses have to endure, how the middle class benefits from this? I would think that the more profit a company makes, the more this would benefit it’s workers. But with Obama talking about a “profit tax” (at least for oil companies, but I’d think if it works for oil, other company’s will be right behind), what is the incentive for a company to make a profit?
August 25, 2008 at 7:30 am
JAMES
IB, To the liberals, the key is the redistribution of wealth. As it was mentioned yesterday, Warren Buffet is a strong proponent of taxing the rich. That is real easy AFTER you’ve made billions building businesses under the banner of the “American Dream”. Profit should not be a dirty word, unless one is espousing the teachings of Marx. Oh yea, Obama’s chief blogger, Sam Graham-Felsen IS a proponent of Marx!!
August 26, 2008 at 3:26 am
Interested Bystander
Desiree,
Last night’s DNC is the perfect example of how the Government is getting too strong.
I have to ask where in the Constitution does it state that we have a “right” to Health Care? I heard many times last night about how Health Care was a “right” and not a privilege. The problem is, they do it incrementally, and not all at once, which gives the “appearance” that what they are doing is right. Elderly first, then kids, and then the “poor”, and then everyone.
It is my opinion that this is why the UAW agreed to take over the Health Care of their members a couple years ago. The auto makers gave the UAW a bunch of money, and the UAW feels that it won’t be long before the members will be covered by the Government, and they can pocket the rest of the money.
Health Care is a right……………..yeah. Good idea, bad policy.
May 18, 2012 at 7:11 am
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