The Tenth Amendment grants states powers not given to the federal government, limiting it to powers expressly mentioned in the Constitution. It does not strip away implied powers granted under the necessary and proper clause. States have used the amendment to challenge federal interference in environmental and labor regulations. The federal government grants many powers to states under the amendment, but can intervene or overrule state powers. The amendment has been used to repeal federal laws and decisions, and in matters of commerce and federal funding.
The Tenth Amendment to the United States Constitution grants states powers not granted to the federal government. It was drafted in 1787 and ratified in 1791 with the rest of the Bill of Rights. This amendment limits the federal government to the powers expressly mentioned in the Constitution and gives the states the freedom and power to govern all other matters. Combines with the Ninth Amendment to dispel ambiguities in the rest of the Constitution.
Drawing on earlier provisions in the Statute of the Confederacy, the amendment often served as a tool for states against the Confederacy. States have accused the government of interfering in environmental and labor regulations, which states say this amendment protects them from. These powers are not specifically vested in the US federal government by any amendments, and therefore should belong to the states, many argue.
The Tenth Amendment, however, does not strip away the implied powers of government, which are granted under the necessary and proper clause of Article 1 of the Constitution. The federal government has often used the Supreme Court and its construction and interpretation of this clause to grant them certain rights not mentioned. These rights, advocates of the federal government argue, should be held by the national government because they are implicit in their power, such as the administration of the military and the management of foreign affairs and wars.
The federal government, however, grants many powers to states under the 10th amendment. Among these are competing powers, held by both levels of government, but implemented by states at a more targeted level. In some of these cases, however, the federal government can intervene or overrule state powers, leading to further state protests for violating this amendment.
States have used the amendment in some cases to repeal a law or decision given to them by federal authorities. Forced participation in a law has been challenged and overturned due to Supreme Court decisions, although it is one of the rarest constitutional laws raised by the Supreme Court. The Tenth Amendment has also been used more frequently in dealing with matters of commerce and federal funding. The federal government has often used this amendment to secure economic regulation, where the states have done the same to make uses of state and federal funding.
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