Difference between revisions of "Tenth Amendment"
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The '''Tenth Amendment''' to the [[United States Constitution]] states: | The '''Tenth Amendment''' to the [[United States Constitution]] states: | ||
| − | {{cquote|The powers not delegated to the United States by the Constitution, nor prohibited by it to the | + | {{cquote|The powers not delegated to the United States by the Constitution, nor prohibited by it to the [[state]]s, are reserved to the states respectively, or to the people.}} |
| − | The First Congress proposed the Tenth Amendment as a part of the [[Bill of Rights]]. The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."<ref>http://avalon.law.yale.edu/18th_century/artconf.asp Retrieved January 8, 2015.</ref> The Tenth Amendment differs from this provision by omitting the word "expressly" and including the phrase "or to the people." Because of this, the Supreme Court has interpreted the Tenth Amendment as not overriding the "necessary and proper" clause to give the federal government a certain amount of implicit powers. | + | The First Congress proposed the Tenth Amendment as a part of the [[Bill of Rights]]. The Tenth Amendment is similar to an earlier provision of the [[Articles of Confederation]]: "Each state retains its [[sovereignty]], freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."<ref>http://avalon.law.yale.edu/18th_century/artconf.asp Retrieved January 8, 2015.</ref> The Tenth Amendment differs from this provision by omitting the word "expressly" and including the phrase "or to the people." Because of this, the [[Supreme Court]] has interpreted the Tenth Amendment as not overriding the "necessary and proper" clause to give the federal government a certain amount of implicit powers. |
==See Also== | ==See Also== | ||
* [[States' rights]] | * [[States' rights]] | ||
| + | * [[Tenth Amendment Center]] | ||
* [[Federalism]] | * [[Federalism]] | ||
| + | * [[MSSA v. Holder]] - [[Montana]] and [[Second Amendment]] States' Rights groups versus [[Eric Holder]] | ||
| + | * [[McCulloch v. Maryland]] | ||
| + | * [[Second Amendment]] | ||
| + | * [[Commerce Clause]] | ||
| + | * [[Negative Commerce Clause]] | ||
| + | * [[Supremacy Clause]] | ||
| + | * [[Necessary and Proper Clause]] | ||
| + | * [[General Welfare Clause]] | ||
| + | * [[Local government]] | ||
| + | |||
| + | ==Bibliography - Further Reading== | ||
| + | * Kilpatrick, James J., [http://sovereignstates.org/books/The_Sovereign_States/SovereignStates.html ''The Sovereign States: Notes of a Citizen of Virginia'']. [[Chicago]]: Henry Regnery Company, 1957); [[Conservative]] pro-states' rights book | ||
| + | * [[Boston T. Party|Party, Boston T.]], [[Molon Labe!]]. [[Wyoming]] [[American Redoubt]] [[Javelin Press]], 30 January 2004, 454 pp (first edition, paperback), ISBN 1-888766-07-7 - Conservative [[Christian]] [[Libertarian]] [[dystopian]] fiction novel entirely based around the issue of States' rights and the Tenth Amendment's connection with the Second Amendment right to [[firearms|armed]] [[citizen]] defense against federal [[tyranny]]. | ||
| + | |||
| + | ==External Links== | ||
| + | * [http://www.tenthamendmentcenter.com Tenth Amendment Center] Federalism and States Rights in the U.S. | ||
| + | * [http://www.missourisovereigntyproject.com Missouri Sovereignty Project] "Institutionalizing" the 10th Amendment into the populace and political fabrics of Missouri. | ||
| + | * [http://encyclopediavirginia.org/States_Rights States' Rights in ''Encyclopedia Virginia''] | ||
| + | * [http://www.floridamemory.com/FloridaHighlights/collins/ A copy of transcript of Florida's 1957 Interposition Resolution, made available for public use by the State Archives of Florida] | ||
| + | |||
==References== | ==References== | ||
<references/> | <references/> | ||
| + | |||
{{US amendments}} | {{US amendments}} | ||
| + | [[Category : Tenth Amendment]] | ||
[[Category : Bill of Rights]] | [[Category : Bill of Rights]] | ||
| + | [[Category : Pro Second Amendment]] | ||
Revision as of 16:31, January 13, 2015
The Tenth Amendment to the United States Constitution states:
| “ | 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 First Congress proposed the Tenth Amendment as a part of the Bill of Rights. The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."[1] The Tenth Amendment differs from this provision by omitting the word "expressly" and including the phrase "or to the people." Because of this, the Supreme Court has interpreted the Tenth Amendment as not overriding the "necessary and proper" clause to give the federal government a certain amount of implicit powers.
See Also
- States' rights
- Tenth Amendment Center
- Federalism
- MSSA v. Holder - Montana and Second Amendment States' Rights groups versus Eric Holder
- McCulloch v. Maryland
- Second Amendment
- Commerce Clause
- Negative Commerce Clause
- Supremacy Clause
- Necessary and Proper Clause
- General Welfare Clause
- Local government
Bibliography - Further Reading
- Kilpatrick, James J., The Sovereign States: Notes of a Citizen of Virginia. Chicago: Henry Regnery Company, 1957); Conservative pro-states' rights book
- Party, Boston T., Molon Labe!. Wyoming American Redoubt Javelin Press, 30 January 2004, 454 pp (first edition, paperback), ISBN 1-888766-07-7 - Conservative Christian Libertarian dystopian fiction novel entirely based around the issue of States' rights and the Tenth Amendment's connection with the Second Amendment right to armed citizen defense against federal tyranny.
External Links
- Tenth Amendment Center Federalism and States Rights in the U.S.
- Missouri Sovereignty Project "Institutionalizing" the 10th Amendment into the populace and political fabrics of Missouri.
- States' Rights in Encyclopedia Virginia
- A copy of transcript of Florida's 1957 Interposition Resolution, made available for public use by the State Archives of Florida
References
- ↑ http://avalon.law.yale.edu/18th_century/artconf.asp Retrieved January 8, 2015.
Amendments to the Constitution of the United States of America Bill of Rights:
1 - Freedom of speech, press, religion, etc.
2 - Right to bear arms
3 - Quartering of soldiers
4 - Warrants
5 - Due process
6 - Right to a speedy trial
7 - Right by trial of a jury
8 - No cruel or unusual punishments
9 - Unenumerated rights
10 - Power to the people and states
11 - Immunity of states to foreign suits
12 - Revision of presidential election procedures
13 - Abolition of slavery
14 - Citizenship
15 - Racial suffrage
16 - Federal income tax
17 - Direct election of the United States Senate
18 - Prohibition of alcohol
19 - Women's suffrage
20 - Terms of the presidency
21 - Repeal of Eighteenth Amendment
22 - Limits the president to two terms
23 - District of Columbia Voting for President
24 - Prohibition of poll taxes
25 - Presidential disabilities
26 - Voting age lowered to 18
27 - Variance of congressional compensation
