Essay on The Fourteenth Amendment And The Bill Of Rights

Essay on The Fourteenth Amendment And The Bill Of Rights

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According to the Tenth Amendment in the Bill of Rights: “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.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
The tenth amendment has altered and changed in history as a result of the people and events that altered it. But before one can conclude what the modern interpretation of the amendment is, analysis of the past events involving the tenth amendment has to be done The following literature reviews attempt to demonstrate and support the hypothesis that the tenth how the tenth amendment has affected various historical events/eras and the tenth amendment interpretation was altered due to these events and eras.
Literature Review:
Founding of America:
When looking at the tenth amendment,or just the bill of rights in general, one has to consider the conditions on why the founding fathers wrote the Amendment and the concern behind the construction of the Amendment.The tenth amendment and the concept of federalism was created for the balance of liberty. The Founding Fathers had multiple reasons on why they created a federalist government, the main reasons were avoiding a tyranny, more people participating in politics, and “experimenting” the states in order to find new ...

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...had equal representation in the Senate and neither could dictate to the other. However, each new territory that applied for statehood would trigger tension in the balance. It would cause a, controversial, but peaceful, attempt for solutions, compromises, arguments, and debates. Examples are the Wilmot Proviso in 1846, creating the idea of popular sovereignty, the Compromise of 1850, the Kansas-Nebraska Act in 1854, and the Lincoln-Douglas Debates in 1858. The problem of state rights and tenth amendment that was challenged is when anti-slavery Abraham Lincoln won the presidential election in 1860. Southerners felt that it would take away their state rights, abolish slavery, and destroy the Southern economy, the reason why the civil war erupted. The Civil war develops the the central idea that state rights can be threatened and cause by federalism and other state laws.

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