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The Tenth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. This amendment states that any power not specifically given to the federal government by the Constitution belongs to the States and the people.
From the Constitution
Here is the text of the Tenth Amendment from the Constitution:
"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."
The Federal Government
The federal government is another name for the national government (Congress, the President, and the Supreme Court) of the United States. It is defined by the U.S. Constitution.
Federal and State Governments
The United States was formed as a group of states under one federal government. The federal government has the powers given to it by the Constitution, while the state governments and the people have the rest of the powers.
The Tenth Amendment was added to insure that the powers of the federal government remain limited. The writers of the Tenth Amendment wanted to make it clear that the power of the federal government comes from the states and the people, not the other way around.
Which is higher, state law or federal law?
This can be a tricky question. The highest power in the land is the Constitution. This makes federal law the higher power. However, federal law is limited in its powers to only what is specifically stated in the Constitution. The states and the people have all other powers.
Powers of the Federal Government
Some examples of powers of the federal government include:
Raising and maintaining the armed forces
Declaring war
Collecting taxes
Regulating commerce between the states
Coining and regulating money
Setting standards of weights and measures
Establishing a national bank
Implied powers that are considered "necessary and proper" to carry out the laws in the Constitution.
Powers of the State Governments
Some examples of state powers include:
Traffic laws
Collecting local taxes
Issuing licenses such as driver's licenses and marriage licenses
Holding elections
Regulating commerce within the state
Building and maintaining roads and schools
Police and fire departments
Local business laws
Regulating property use, ownership, and sales
How is the Tenth Amendment different from the Ninth?
The Ninth and Tenth Amendments are very similar in that they limit the scope of the federal government. The Tenth Amendment, however, introduces the idea of "powers" and "states."
Interesting Facts about the Tenth Amendment
It is sometimes referred to as Amendment X.
Many powers overlap between the federal and state governments such as collecting taxes, education, and criminal justice.
Sometimes the federal government will use federal funding (money) as an incentive for states to follow federal programs.
States will sometimes cite the Tenth Amendment as the reason why they don't have to follow a federal law.