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Topic: Tenth Amendment

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Ninth Amendment

Tenth Amendment to the United States Constitution

1st Amendment

United States Constitution

Ninth Amendment to the United States Constitution

Third Amendment to the United States Constitution

History

	ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States (Site not responding. Last check: 2007-10-13)
		Amendment X. 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 amendment was rejected (and not subsequently ratified) by Oklahoma in June 1947, and Massachusetts on June 9, 1949.
		The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
	www.law.emory.edu /FEDERAL/usconst/amend.html (2848 words)

	Tenth Amendment to the United States Constitution - dKosopedia
		Amendment X (the Tenth Amendment) of the United States Constitution is the last of ten amendemnts to the Constitution also collectively known as the Bill of Rights.
		The Tenth Amendment along with the rest of the Bill of Rights, was proposed by Congress in 1789, to be ratified by the requisite number of states in 1791.
		As with the remaining Amendments of the Bill of Rights, the First Amendment was passed in order to answer protestations that the newly created Constitution did not include sufficient guarantees of civil liberties.
	www.dkosopedia.com /wiki/Tenth_Amendment (349 words)

	Legal Definition of Tenth Amendment
		TENTH AMENDMENT - The Tenth Amendment provides that " 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.
		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." South Carolina v.
		Thus, "the Tenth Amendment confirms that the power of the Federal Government is subject to limits that may, in a given instance, reserve power to the States." New York v.
	www.lectlaw.com /def2/t065.htm (929 words)

	The Tenth Amendment - State Sovereignty Resolution -NRA
		The Tenth Amendment reads, "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." This amendment was added to the Constitution to make it crystal clear that the new federal government was one of enumerated powers, i.e.
		The Tenth Amendment - State Sovereignty Resolution is an important attempt by the states to re-establish the crucial balance of power between the state governments and the United States government.
		The Tenth Amendment reflects the keen aversion of the states and their people to a strong, distant, centralized government that would have wide and unrestricted power over their lives.
	www.natreformassn.org /statesman/97/stateres.html (4570 words)

	97-1469 -- Robertson v. Morgan County -- 01/06/1999
		The district court did not address the Tenth Amendment issue and denied the motion to dismiss based on the Eleventh Amendment.
		The plaintiffs filed a motion to dismiss this appeal, contending that because the Board is not entitled to Eleventh Amendment immunity it may not file an interlocutory appeal.
		Denial of a State's Tenth Amendment claim purports to be a conclusive determination that the state may be regulated by the federal government.
	www.romingerlegal.com /tenthcircuit/10th_circuit/97-1469.htm (2537 words)

	Bill of Rights
		The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
		Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		Article the twelfth [Amendment X] 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.
	www.constitution.org /billofr_.htm (508 words)

	Second Amendment Stuff - Federal Judge Rules Second Amendment Protects an Individual Right . . . (Site not responding. Last check: 2007-10-13)
		However, if the amendment truly meant what collective rights advocates propose, then the text would read "[a] well regulated Militia, being necessary to the security of a free State, the right of the States to keep and bear Arms, shall not be infringed." However, that is not what the framers of the amendment drafted.
		The plain language of the amendment, without attenuate inferences therefrom, shows that the function of the subordinate clause was not to qualify the right, but instead to show why it must be protected.
		If, however, the Second Amendment is read to confer a personal right to "keep and bear arms", a colorable argument exists that the Federal Government's regulatory scheme, at least as it pertains to the purely intrastate sale or possession of firearms, runs afoul of that Amendment's protections.
	secondamendmentstuff.com /emerson_decision.htm (7997 words)

	Implementing the Tenth Amendment: State Sovereignty Resolution
		The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp.
		Ordinarily, a legislator who would be interested in a strong Tenth Amendment stance will have an interest in other patriot issues such as Constitutional rights and freedoms, a balanced budget, the right to keep and bear arms, honoring veterans and our American flag, and opposing federal mandates.
		The Tenth Amendment is fairly easy to understand and explain, but the implications of its assertion are far-reaching.
	www.sweetliberty.org /tenthamend.htm (1673 words)

	AMPLIFYING THE TENTH AMENDMENT
		Their objections notwithstanding, Congress passed the tenth amendment as part of the Bill of Rights, and the states later ratified it.
		In that case, Chief Justice Marshall declared that since the tenth amendment omitted the word "expressly" as a qualification of granted powers, the delegation of a specific power to the federal government under the Constitution or its reservation to the states under the tenth amendment would depend upon a fair construction of the entire Constitution.
		This approach is reflected in the tenth amendment cases from McColluch through National League of Cities and Garcia.
	www.articlev.com /repeal17/article/ampliffying10th/amp10_08.htm (546 words)

	The United States Constitution - The U.S. Constitution Online - USConstitution.net
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
		In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
	www.usconstitution.net /const.html (5195 words)

	The Tenth Amendment at Lady Liberty's Constitution Clearing House
		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 perceived power of the Tenth Amendment, and such matters as a Federal income tax were subsequently upheld in the courts.
	www.ladylibrty.com /10th_amendment.html (318 words)

	Ninth Amendment
		The Ninth Amendment to the Constitution does not specifically identify any individual rights like the eight amendments that precede it, rather the Ninth Amendment sets forth a rule of construction that is to guide one when interpreting the Constitution.
		Therefore the Ninth Amendment, when interpreted in accordance with the Tenth Amendment, should be read as establishing a rule of construction that demonstrates that the Constitution, as a whole, should be construed to mean that the people retain all powers (i.e.
		The tenth amendment reads: "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."
	www.shalaw.com /Articles/9thAmendment.htm (1114 words)

	What happened to the Tenth Amendment? (Site not responding. Last check: 2007-10-13)
		If the Amendment reserves every power not delegated to the federal government to the States or the people, then it follows that the Constitution established a federal government of limited enumerated powers.
		This system of government, coupled with the additional restraint enumerated in the Tenth Amendment, was designed as an impregnable shield to protect the States and the American people from any abuse of power by the federal government.
		In the recent Emerson case, that was hailed by the firearms community as a victory for the Second Amendment, Mr.
	www.cptexas.org /articles/rg052503.shtml (1723 words)

	Tenth Amendment to the United States Constitution (via CobWeb/3.1 planetlab1.netlab.uky.edu) (Site not responding. Last check: 2007-10-13)
		However, this amendment is very liberally interpreted, so that a law will generally not be overturned if there is even a remote connection to a constitutionally-given power, usually the power to regulate interstate commerce.
		One common way is liberally interpret the interstate commerce clause so that acts which have even the slightest potential effect on interstate commerce can be regulated by the federal government.
		Are we not brutes to call have concurred in several proprieties, as sacrifices, lamps, burning act: all opinions tend that way, besides the widespread custom of peradventure, reason to blame ourselves for being guilty of so foolish.
	tenth-amendment-to-the-united-states-constitution.kiwiki.homeip.net.cob-web.org:8888 (333 words)

	The Tenth Amendment: Its Historical Background and Importance Today -NRA
		The clear intent of the Tenth Amendment was to emphasize the limited nature of the powers that the American people so carefully and cautiously delegated to the national government through their agencies, the states.
		Another clear intent of the Tenth Amendment was to keep as much political power and control at the local level rather than at the national level, which is right in conformity with the advice Jethro gave to Moses in chapter 18 of Exodus.
		The Tenth Amendment was added to the Constitution of 1787 largely because of the intellectual influence of the Anti-Federalists and other freedom-minded people who were in agreement with them.
	www.natreformassn.org /statesman/97/amend10.html (4314 words)

	Know Your Rights: The Tenth Amendment establishes a federalism that few respect (Site not responding. Last check: 2007-10-13)
		To the frustration of Tenth Amendment purists, the national government has moved into such areas as public housing, gun control, voter registration, education and marriage.
		To the states' frustration - whether or not the Tenth Amendment guides their thinking - obeying such federal mandates comes with the expenditure of state and local funds, with a bureaucracy, and with unclear divisions of responsibilities.
		If presidents and Congresses have "gutted" the Tenth Amendment, as claimed, then millions of Americans would probably accept the gutting, at least when their educations, safety, incomes and retirements are at stake.
	www.record-eagle.com /edits/know_your_rights/27tenth.htm (1076 words)

	Peter Suber, Paradox of Self-Amendment, Section 16
		A simpler solution is that, while an amendment and the AC may be "inconsistent" by the deontic test, their conflict is nevertheless "reconcilable" by allowing the amendment to stand until repealed and by giving the AC the power of repeal.
		The Tenth Amendment, in short, said: If the Federal Government wants added direct powers over the people or the individual rights of the people, it must go to the people to get them;...the right, at the option of Congress, to get such added powers from any other source [such as state legislatures] is wiped out.
		The Tenth Amendment reserves to the states and people "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States." The phrase "to the United States" was added on the suggestion of Roger Sherman.
	www.earlham.edu /~peters/writing/psa/sec16.htm (5423 words)

	THE CONSTITUTION OF THE UNITED STATES (Site not responding. Last check: 2007-10-13)
		Note: The following text is a transcription of the first 10 amendments to the Constitution in their original form.
		These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."
		ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
	www.givemeliberty.org /docs/billofrights.htm (374 words)

	THE TENTH AMENDMENT SHOOTS DOWN THE BRADY ACT
		This Note presents the pertinent provisions of the Brady Act and then argues that the Act violates the Tenth Amendment by requiring local authorities to perform duties that are not required of them by their state governments.
		Moreover, the Tenth Amendment prevents Congress from shifting the brunt of unpopular federal regulations and policies to the states.
		From the beginning and for many years the amendment has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end.
	www.saf.org /LawReviews/Finguerra1.html (9167 words)

	Tenth Amendment
		It has been highly successful in making state legislators aware of their authority, but it has not, as of yet, translated into the courage necessary to take back that authority which was unlawfully usurped from the States by the federal government.
		Finally, the Tenth Amendment concluded by recognizing that all powers not delegated to the national government nor prohibited by the Constitution to the States remained with the people and/or the States.
		The Tenth Amendment is therefore more than a simple statement of the principles of "delegated powers," it is the completion of the foundation of individual liberty that our forefathers bequeathed us.
	www.thechristianlawyer.com /Articles/10thAmendment.htm (966 words)

	THE BATTLE OVER THE TENTH AMENDMENT: OPENING A SECOND FRONT
		These 28 words of the Tenth Amendment seem to set forth a simple principle: The federal government may exercise the specific powers that are listed in the Constitution, and the States and the people may exercise all remaining powers.
		Perhaps the treatment received by the Tenth Amendment is related to its purpose -- limiting the power of the federal government and enhancing that of the States and the people.
		The most effective way to focus the federal judiciary's attention on the importance of the Tenth Amendment, and to make sure that the federalist structure of government it commands is reinstated, is to force such ideas on the federal judiciary using congressional powers.
	www.ncpa.org /~ncpa/oped/dupont/10am.html (4208 words)

	Tenth and Eleventh Amendment Limitations on Federal Power
		The Burger and Rehnquist Courts have looked to the Tenth and Eleventh Amendments for building "the new federalism." Both amendments have been seen as limitations on the powers of Congress--although the Eleventh Amendment, by its own words, would appear to be only a limitation on judicial power.
		Although the Court recognized that the Commerce Clause authorized minimum wage laws covering most employees, the Court held that the Constitution's structure and the Tenth Amendment's recognition of the role of states in the federal structure prohibited the federal government from telling states what they must pay their own employees.
		Read literally, the Eleventh Amendment places no limitations on the power of the judiciary to entertain suits brought by against a state by residents of that same state.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/tenth&elev.htm (1573 words)

	Close Up Foundation Civics Education \| Constitution of the United States
		They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
		If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
		Amendments to the Constitution of the United States
	www.closeup.org /const.htm (3859 words)

	FindLaw: U.S. Constitution: Tenth Amendment: Annotations pg. 1 of 2 (via CobWeb/3.1 planetlab1.netlab.uky.edu) (Site not responding. Last check: 2007-10-13)
		''The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people.
		Darby, 312 U.S. ''While the Tenth Amendment has been characterized as a 'truism,'' stating merely that 'all is retained which has not been surrendered,' [citing Darby], it is not without significance.
		The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system.'' Fry v.
	caselaw.lp.findlaw.com.cob-web.org:8888 /data/constitution/amendment10/01.html (599 words)

	Page 16 A Perspective of the Tenth Amendment
		In response to South Carolina's exceptions to the special master's findings in favor of the Secretary of the Treasury, the Supreme Court ruled that the statute does not violate the tenth amendment and that state bond interest is not immune from nondiscriminatory federal tax.
		The inconsistency in the interpretation of this amendment seems partially due to its lack of express language.
		In a sense, however, the tenth amendment simply provides a general declaration that a line shall be drawn between the federal and state governments.
	www.liberty-ca.org /presentations/articles/ampliffying10th/amp10_16.htm (521 words)

	Tenth Amendment - Dorothy Ann Seese
		If the Tenth Amendment were in force, it would be impossible for America to be meddling all over the world, because the people in the various states would stop such world intervention.
		It is a sad fact that "states rights" became equivalent to "advocating segregation" because the Tenth Amendment is part of the Bill of Rights that limits what our central government can do.
		If we want the Tenth Amendment back in our American way of life, along with Amendments One, Three, Four, Five, Six, Seven, Eight and Nine, then the way appears to be the preservation of the Second Amendment.
	www.juntosociety.com /guest/seese/das_ta030103.html (1220 words)

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