10th Amendment Essay

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The Tenth Amendment of the Bill of Rights put into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791. “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 supports the notion of federalism by affirming that unless the constitution awards controls to the federal government within the detailed powers, then the power is kept to the people or the states. The states had their own bill of rights and constitutions and under the 10th Amendment slavery was still protected and considered legal in a couple of states. Throughout the Civil War it come to be aware that …show more content…

A government left with free reign caused concern among the American citizens with fears that civil liberties would be taken away. As such, the 10th amendment was drafted to guarantee the governing states would preserve their own power and to inhibit the federal government from denying the people their civil liberties. James Madison, who would later go on to become the nation's fourth President, introduced the 10th Amendment to Congress. He viewed the amendment as absolutely necessary in order to prevent the encroachment of federal power into the arena reserved specifically for the …show more content…

Usery were unworkable and that SAMTA was subject to Congressional legislation under the Commerce Clause. The Court found that rules based on the subjective determination of "integral" or "traditional" governmental functions provided little or no guidance in determining the boundaries of federal and state power. The Court argued that the structure of the federal system itself, rather than any "discrete limitations" on federal authority, protected state sovereignty. The concept behind the adoption of the 10th amendment was to lessen the power of the Federal government and to avoid a supreme-dominating rule which would power over the states and its people. The strong hold that the British monarchy had over the people was the main driver of this amendment. Functioning as a system of checks and balances, the 10th Amendment offers the states power which would inhibit the Federal Government from harvesting too much control and influence. Currently medical marijuana is creating a debate in respects to the 10th Amendment. As it stands now, there are 14 states which have executed marijuana laws that permit its use for medical purposes. The State has a lawful right to permit marijuana to be legalized, under the 10th Amendment. The disagreement ascends from the power of the Federal Government and their laws concerning illicit or controlled

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