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Topic: Tenth Amendment to the United States Constitution


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In the News (Mon 17 Jun 19)

  
  1994-035 | 3/8/1994 | Kansas Attorney General Opinion
Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office.
It is advocated that the tenth amendment to the United States constitution may provide for the citizens of states to petition for recall of federally elected officials.
Therefore, the United States constitution reserves to the houses of congress the authority to judge the qualifications of their respective members and to punish or expel their members.
www.kscourts.org /ksag/opinions/1994/1994-035.htm   (945 words)

  
 FindLaw: U.S. Constitution: Amendments
The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
The amendment was rejected by a convention in the State of South Carolina, on December 4, 1933.
Proclamation was by the Archivist of the United States, pursuant to 1 U.S.C. Sec.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3769 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)

  
 Eighth Amendment to the United States Constitution   (Site not responding. Last check: 2007-10-12)
The Eighth Amendment to the United States Constitution which is part of the Bill of Rights protects against excessive bail or fines well as against cruel and unusual punishment.
The Court outlined three that were to be considered in determining the sentence is excessive: "(i) the gravity the offense and the harshness of the (ii) the sentences imposed on other criminals the same jurisdiction; and (iii) the sentences for commission of the same crime in jurisdictions."
The Constitution of the United States of Analysis and Interpretation.
www.freeglossary.com /United_States_Constitution/Amendment_Eight   (638 words)

  
 [No title]
In addition to the Tenth Amendment challenge, plaintiff also challenges the criminal sanctions provision of the Brady Act, asserting that it is unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment.
The Tenth Amendment and the Commerce Clause I. Complainant seeks a declaratory judgment that section 102(a) of the Brady Act is inconsistent with the Tenth Amendment and unconstitutional for that reason.
The jurisprudence illustrates the primary and overriding tension in cases interpreting the Tenth Amendment is that Congress cannot be allowed to jeopardize the continued vitality and independence of states as sovereign entities separate and distinct from the federal government.
www.cs.cmu.edu /afs/cs.cmu.edu/user/wbardwel/public/nfalist/romero_v_us.txt   (6496 words)

  
 Close Up Foundation Civics Education | Constitution of the United States
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
www.closeup.org /const.htm   (3858 words)

  
 United States Constitution Amendment 14
The author argues that this is contrary to the original intent of the fourteenth amendment, which should be understood in the light of the tenth amendment.
Examines the intent of the states in ratifying the Fourteenth Amendment.
The Fourteenth Amendment and the States; A Study of the Operation of the Restraint Clauses of Section One of the Fourteenth Amendment to the Constitution of the United States
www.ameriroots.com /constitution/amendment_14.html   (954 words)

  
 Handbook of Texas Online:
Legislative qualifications were age (twenty-one years for representatives and thirty for senators), citizenship (United States or Republic of Texasqv) and residence (for representatives two years in the state and one year in the district prior to election, and for senators, three years in the state and one year in the district before election).
The statehood constitution vested in the legislature "legislative" or lawmaking powers and a few nonlegislative powers such as impeaching and removing executive and judicial officers, electing the governor in the event of a tie and deciding certain contested elections, approving gubernatorial appointments, and proposing constitutional amendments (the constituent power).
The 1845 charter was the only one of the five Texas state constitutions to assign to the legislature the appointment of the treasurer, comptroller of public accounts, and district attorneys, but this was changed by an amendment ratified in 1850.
www.tsha.utexas.edu /handbook/online/articles/TT/mkt2.html   (5362 words)

  
 THE TENTH AMENDMENT'S BEST DEFENSE... IS THE MESS WE CALL GOVERNMENT
The people of the United States took their freedom for granted, as if the Constitution and Bill of Rights had some innate powers of their own to be self-sustaining and self-perpetuating.
The more credible the United States seeks to appear to the world, the less credible it becomes to the world and to the Americans at home who are being asked or coerced into defending the indefensible.
And the juggernaut of massive welfare state government and meddling oligarchy rolls on, to the detriment of all and the demise of the original reason for having a United States of America.
www.etherzone.com /2003/sees030303.shtml   (1245 words)

  
 [No title]
Raymond Benjamin Rybar, Jr., is a 46-year-old citizen of the United States and a life-long resident of western Pennsylvania.
The machineguns were not registered with the United States under the NFA because, since passage of 18 U.S.C. section 922(o) in 1986, the government has refused to accept the legally required registration forms and transfer applications.
Section 922(o) of Title 18 of the United States Code is manifestly unconstitutional on its face, because it was beyond the enumerated powers of Congress to enact, and should be declared void by this Court.
www.cs.cmu.edu /afs/cs/user/wbardwel/public/nfalist/us_v_rybar_brf3.txt   (6500 words)

  
 the evangelical outpost:
Constitution Party or Texas GOP? -
Can You Tell The ...
The Party supports state sovereignty under the Tenth Amendment which reserves to the states or the people all powers not specifically delegated in the Constitution to the federal government and opposes the institution of mandates that are beyond the scope of the federal authority.
We pledge to be faithful to this Constitutional requirement and to work methodically to restore to the states and to the people their rightful control over legislative, judicial, executive, and regulatory functions which are not Constitutionally delegated to the federal government.
We urge that the IRS be abolished and the Sixteenth Amendment to the United States Constitution be repealed.
www.evangelicaloutpost.com /archives/000689.html   (1613 words)

  
 News - Federal Courts Continue to Attack Pledge - Center for Reclaiming America
The judge stated that the law was discriminatory because it would pit students who choose to say the Pledge against those who choose not to recite it.
State Senate President John Andrews stated, “[This ruling] is a gross insult to the patriotism of most Coloradoans.
Congress has not passed a law that restricts the states from passing their own unique laws, but our federal courts are once again attempting to dictate the rights of our states.
www.reclaimamerica.org /PAGES/NEWS/news.aspx?story=1346   (511 words)

  
 THE CONSTITUTION OF THE UNITED STATES
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.
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.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
www.givemeliberty.org /docs/billofrights.htm   (374 words)

  
 Basic Due Process for Pa. Students
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." Since education is not mentioned in the Constitution, it is one of those powers reserved to the states.
Of course, the United States Supreme Court can declare that something not mentioned in the Constitution is so closely related to something that is mentioned in the Constitution that the unmentioned power is a fundamental interest, which rises to constitutional protection.
The due process clause of the Fourteenth Amendment to the United States Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...." The Pennsylvania Constitution gives plenary power over education to the General Assembly, which is the legislative branch of government.
www.departments.bucknell.edu /edu/ed370/student_due_process.html   (2052 words)

  
 Constitution for the United States of America
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 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.
No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
www.constitution.org /cons/constitu.htm   (4802 words)

  
 Lynn Stuter -- Destroying A Nation
While the Tenth Amendment to the United States constitution gives the federal government no say in education; and while the Blaine Amendment, tacked on to many enabling acts establishing states, violates the First Amendment to the U.S. Constitution; the violation of both these amendments without successful opposition paved the way for the ruling in 1963.
In short, the Tenth Amendment prohibits federal involvement in those matters left to the discretion of the states, as education is, and the First Amendment prohibits the federal government from becoming involved in those matters concerning religion.
The generation gap does not exist, to the extent it does today, when children are raised as part of the familial unit, spending more time with their parents and family than with their peers outside the home.
www.newswithviews.com /Stuter/stuter37.htm   (1470 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.
Nonetheless, the Court in a controversial 1890 decision, Hans v Louisiana, concluded that the Eleventh Amendment was in fact a bar to to federal suits against a state by that state's own citizens.
Thus, state officials--but not states--might be sued when the violate the Constitution, even when they do so in the name of the state.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/tenth&elev.htm   (1573 words)

  
 NARA | The National Archives Experience
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form.
Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
www.archives.gov /national-archives-experience/charters/bill_of_rights_transcript.html   (425 words)

  
 Limits on Federal Power Amendment To The United States Constitution
The Constitution is the greatest document in human history, bar none, and it is distressing to see how it is being abused, twisted, and ignored especially by the national leaders of low character we have today.
Changes to the Constitution should not be made lightly and much thought and work went into this effort to put the national government back to where the founding fathers said it should be.
So here are the amendments starting as the 28th Amendment to the Constitution which is the primary Amendment to eliminate many of the prior Amendments that have taken away personal and State Rights and puts limits on Federal power.
www.outdoorsunlimited.net /~jpic/amend.htm   (822 words)

  
 Facts About Living Trusts
The freedom to create a Living Trust is protected by the Tenth Amendment to the United States Constitution which leaves certain personal rights to the states, among them the right to form a corporation, do business under an assumed name and create a trust.
The outlawing of trusts in America would not only require a formal amendment to the United States Constitution, but also raise havoc with every corporation doing business in the country including General Motors, General Electric, General Mills and Grandma Ginny's General Store.
In such a case the trust makers simply send the corporate trustee a registered letter stating that its services are no longer needed.
www.wills.com /epa/TrustFacts.htm   (711 words)

  
 Our Wonderful Bill of Rights: The Ninth and Tenth Amendments - Associated Content
The Ninth Amendment to the United States Constitution stipulates that the rights enumerated in the Constitution and in the first eight Amendments do not preclude the existence of other rights belonging to the people.
The Ninth Amendment states that "the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." U.N. treaties typically offer a comprehensive catalogue of rights, providing no guarantee of rights not specified.
The Tenth Amendment to the United States Constitution stipulates that the States and the people retain all powers not expressly granted to the Federal Government.
www.associatedcontent.com /article/4996/our_wonderful_bill_of_rights_the_ninth.html   (351 words)

  
 [No title]
You have missed the concept of my letter dated April 11, 2005; the main subject of that letter was your state’s violation of our right to freedom from involuntary servitude under the Thirteenth Amendment to the United States Constitution.
, which cites the Tenth Amendment to the United States Constitution as the primary legal authority that supports the State of
Enclosed is a copy of the regulations set by the Naturopathic National Council, Inc. for the Naturopathic Physicien.
www.naturopathic.us /tenth.html   (125 words)

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