Amendment+10+(2)

__Period 2 (2009)__

= Basic Info = **__The **Tenth Amendment** was written to reassure the states that they would remain largely in charge within their own borders. Until the mid-19th century, the Tenth Amendment was often cited by state governments to prevent Federal regulation of everything from taxation to interstate commerce. Since 1837, however, various rulings have mitigated the straightforward meaning of the Tenth Amendment, and such matters as a Federal income tax were subsequently upheld in the courts.__**

__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.__  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 Tenth Amendment "states but a truism that all is retained which has not been surrendered." In recent years, however, the Tenth Amendment has been interpreted "to encompass any implied constitutional limitation on Congress' authority to regulate state activities, whether grounded in the Tenth Amendment itself or in principles of federalism derived generally from the Constitution.

The power delegated to the federal government was significantly expanded by amendments to the Constitution following the Civil War, and by some later amendments -- as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the federal government.

__``The Tenth Amendment was intended to confirm the understanding__ of the people at the time the Constitution was adopted, that powers notgranted to the United States were reserved to the States or to thepeople.  __In layman's terms, this amendment says that if the Constitutiondoes not specifically give a power to the Federal government and doesnot specifically prohibit a power or powers to a state, then those powersare the powers of the individual states or of individual people.__ On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

= Court Cases = __In 1941, the Court came full circle in its exposition of this Amendment. Having returned four years earlier to the position of John Marshall when it sustained the Social Security Act 27 and National Labor Relations Act, 28 it explicitly restated Marshall's thesis in upholding the Fair Labor Standards Act in United States v. Darby. 29Speaking for a unanimous Court, Chief Justice Stone wrote: The power of Congress over interstate commerce 'is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.' . . . That power can neither be enlarged nor diminished by the exercise or non- exercise of state power. . . . It is no objection to the assertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attended the exercise of the police power of the states. . . . Our conclusion is unaffected by the Tenth Amendment which . . . states but a truism that all is retained which has not been surrendered.__ Tenth amendment is no barrier to enacting labor laws-1941in a switch from its earlier pro-states' rights rulings, particularly // hammer // v. // Dagenhart, // the // U. // S. supreme court rules unaimously in // united states // v. // Darby // that the federal government acted within its authority in passing in fair Labor Standards Act (FLSA). The court finds that the law, which establishes numerous minimum wage and maximum labor standards nationwide, falls within congress' authority to regulate interstate commerce. Tenth amendment-violence against woman act exceeds congressional authority-2000Legislation about domenstic violence and family had been traditionally been left to the states. In United States v. Morrison, the U.S. Supreme Court strikes down a provision in the federal violence against woman act because it exceeds congress's authority under the commerce clause and impringes on state control. A provision that permits victums of gender based violence to bring federal lawsuits against their attackers is found to invade states' police power.

= The Next 20 Years = The 10th amendment reseveres powers not given to the goverment to the states. This amendent is used to protect the states and to not give to much power to the government inorder to prevent them from dictating over all the states. Since this amendment does not deal directly with the people within the next 20 years american citizens should not be greatly effect by the government over taking state laws and regulations. Though if something were to change and the amendment was altered the goverment would be able to take charge of the states and based on what they would change citizens rights could be greatly altered.

= Debate Over The 10th Amendment = Powers not given to the federal government by the constitution belong to the states or the people. A debate over the tenth amendment would be when President Obamama came to the elementry schools and some parents had a problem with it, and some teachers were kinda weary about it. The schools surperindendint said that only two parents called about the speech. But some people still have problems with the President coming to the school. They might not want him discussing politcail issues with the students.