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.
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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- Since the ratification of the first ten amendments, also known as the Bill of Rights, a concept of justice and liberty was implemented into the lives of many American citizens. Americans seek equal protection in response to issues and notably, many congressional cases. The rule of law in society had become much more complex than it had been when the century began so, therefore, the United States Supreme Court plays an essential role in weighing our nation’s inalienable rights with natural law. The decisions made by the Supreme Court to selectively “incorporate” the provisions of the Bill of Rights through the Fourteenth Amendment expand the fundamental rights of the people and impose limitat... [tags: United States Constitution]
1441 words (4.1 pages)
- Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government.... [tags: Supreme Court of the United States]
1320 words (3.8 pages)
- The fourteenth amendment protects anyone who lives in the United States for his or her own unalienable rights. Disregarding this amendment also disregards the first amendment, which, “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.” This case is significant due to the fact “Does the First Amendment bar a state from restricting the sale of violent video games to minors?” “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens o... [tags: First Amendment to the United States Constitution]
2637 words (7.5 pages)
- A History of Civil Rights and Liberties What are the differences between civil rights and civil liberties. The words right and liberty both appear in the Constitution and are being used interchangeably in modern times, yet they are two completely different concepts. Lowi, Ginserb, Shepsle and Ansolabehere, authors of the textbook American Government: Power and Purpose define civil liberties as “protections of citizens from improper governmental action” (104). They are activities or actions that citizens can engage in without fear of government intervention.... [tags: Fourteenth Amendment to the US Constitution]
1023 words (2.9 pages)
- The Fourteenth Amendment: Is it too late now to say sorry. The Reconstruction Era, 1865 to 1877, was a period marked by a number of overridden President Johnson vetoes and a push for establishing basic rights and citizenship for African Americans. Along with this period of change came three new Amendments—the Thirteenth, the Fourteenth and the Fifteenth—which secured the rights of recently emancipated slaves. The Fourteenth Amendment was directed at the states to recognize and protect life, liberty and property and the rights outlined in the Bill of Rights.... [tags: United States Constitution]
1449 words (4.1 pages)
- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights.... [tags: Papers 14th Amendment History Essays ]
776 words (2.2 pages)
- The 14th amendment speaks formally to many aspects which deal with the citizenship and also the citizen rights. The 14th amendment consist of different section which under up to five. It also consist of important concepts which deals with the action of the state which is most famously, the immunities and the privileges, the protection which is equal and the due process, all this are contained in the first section. The section two involves the apportionment which are used to representatives for the congress2.... [tags: United States Constitution]
1039 words (3 pages)
- The 1st Amendment Freedom of speech is probably the most controversial amendment that there is within the Bill of Rights. “The first amendment of is freedom of religion, press, and expression, which states that 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 (Mount, S. 2010).” The first amendment gives the citizens of the U.S.... [tags: First Amendment to the United States Constitution]
1019 words (2.9 pages)
- The First Amendment right relates to pornography in that and obscenity in that pornography has not always been treated in a manner that would equate to free speech. The common argument for or against it is that it is or isn’t a work of art, and has had multiple interpretations and definitions set and revisions since 1973 by the supreme court. (CITATION) There have also been processes created by the supreme justices, most notably of Justice Burger, who in the case of Miller v. California served as chief justice, gave the majority opinion in that “[t]he basic guidelines for the trier of fact must be: (a) whether 'the average person, applying contemporary community standards ' would find that... [tags: First Amendment to the United States Constitution]
1051 words (3 pages)
- The Bill of Rights After the Revolution, the States adopted their own constitutions, many of which contained a Bill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articles, the states retained their “sovereignty, freedom and independence,” while the national government was kept weak and inferior. Over the next few years it became evident that the system of government that had been chosen was not strong enough to completely settle and defend the frontier, regulating trade, currency and commerce, and organizing thirteen sta... [tags: Politics Political Civics]
1279 words (3.7 pages)