10th Amendment

The 10th Amendment to the United States Constitution is the last Amendment of The Bill of Rights. The 10th Amendment 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". The concept of states' rights was so important to the founding fathers that the Bill of Rights was not the first time it was brought up. The 10th Amendment is similar to a provision in the Articles of Confederation.

The 10th Amendment is a very important Amendment to the Constitution, the founding fathers knew the importance of limiting the power of the federal government. The people created the federal government to be an "agent" to handle a limited scope of power. The ratification makes it clear that the people, not the state or federal governments did the ratification. The Amendment defines the scope of powers as delegated by the people to the federal government and enumerates those powers in the Constitution. Those that are not enumerated are left to the states or the people. Congress is not given the power to override state laws or does it give the judicial branch unlimited jurisdiction. It does not give Congress to power to legislate everything, attempts to allow that were soundly defeated by the signers. If Congress had the ability to legislate everything under the guise of "general welfare", why are Congressional powers specifically outlined in Article I, section 8? James Madison drafted the "Virginia Plan" which would have gave the federal government the power of unlimited legislation, judicial review of issues that might cause friction between the states, Congress a veto power over state laws, commission the national military against the states and redefine how states' select Senators. The "Virginia Plan" was soundly defeated every time Madison proposed it. The 10th Amendment emphasizes the states remain sovereign, individual and unique. This would empower the states in areas not outlined to the federal government and any attempt by the feds to legislate outside of Constitutional authority would be to infringe on the states' rights, therefore be unconstitutional. The importance of a governing document that imposes strict guidelines on the government can be easily understood by looking at what the founders had escaped, a tyrannical government ruled by a single king, who in his opinion, knew what was best for the entire kingdom, even the parts across the pond. Officials need to be held accountable for their actions and what better way to hold them accountable than to have a localized government. Who knows better than the states on what is best for them? A bureaucrat thousands of miles away or the individuals in the area? That is why the founders formed a loose confederate of states instead of a tight-knit one size fits all bureaucratic machine. "Power tends to corrupt and absolute power corrupts absolutely." Lord Acton.

The 10th Amendment has faded into the background over the last 200 years and recently has come to the forefront, due to the recent centralizing of power by the federal government. I'm not only talking about the current administration, but administrations long before the current one have been working to consolidate power in the White House. The current administration just is trying to consolidate all the power possible in the first year in office, that obvious power grab has gotten the attention of the people of the United States. As of August 2009, 37 states have introduced legislation in support of state sovereignty under the 10th Amendment to the United States Constitution. 7 of those states have passed those resolutions. 2 states have passed legislation exempting citizens from federal firearm regulations and 1 state even has proposed a state constitutional amendment that would negate any national health program from operating within that state.

The 10th Amendment has been challenged in the courts several times, some of the more notable cases: New York vs. United States (1992), the Supreme Court invalidated portions of a federal law in favor of the 10th Amendment; Printz vs. United States (1997), the Supreme Court ruled in favor of the 10th Amendment over the Brady Handgun Violence Prevention Act; United States vs. Lopez (1995), the Supreme Court ruled a federal mandate unconstitutional because the Constitution did not give the power to Congress. This was the first time in the modern era that Congress' power was limited under the commerce clause.

Congress has several powers that it uses to force states into complying with federal laws. The most notable is the power to withhold funding. If states don't comply with national speed limit laws, they can lose federal highway funding, national drinking age and blood alcohol levels were all started federally and the states individually passed them. Congress uses this as a form of "cooperative federalism" to have states implement federal laws and mandates. "Advantages" of "cooperative federalism" include putting the decisions into the hands of local officials, who are more in tune with local conditions another "advantage" is state implementation doesn't increase federal bureaucracy.

Anything we can do to limit the federal government and keep control on the local levels would be in the best interest of the citizens. Contact your state level legislators and tell them to push for a resolution limiting federal power and reinforcing the 10th Amendment.