{br} STUCK with your assignment? {br} When is it due? {br} Get FREE assistance. Page Title: {title}{br} Page URL: {url}
UK: +44 748 007-0908, USA: +1 917 810-5386 [email protected]
  1. The Bill of Rights




    The Bill of Rights is not, of course, limited to the hotly contested First Amendment with its prohibition on establishing a religion, or restricting free speech, or denying citizens their right of conscience. The Tenth Amendment was included in the Bill of Rights to assure the states that the federal government was limited to the express powers provided to it in the Constitution, and that all other powers resided in the States and the people. Whatever became of the Tenth Amendment? In light of the rapid growth of the federal government, was the Tenth Amendment limited in some way? Why was it never given full force and effect?

    Use addition resources as well if needed.

    Required Source of attached documents:

    Rossum, Ralph, Alan G. Tarr, and Vincent Muñoz, American Constitutional Law: The
    Structure of Government. Vol. I, 11th ed. New York: Routledge. ISBN 978-0367233334.



Subject Law and governance Pages 3 Style APA


The Tenth Amendment

The Tenth Amendment is the confirmation that explains the understanding that the state or the people hold powers not issued to the American federal government. Everything, which has not been surrendered is retained (Rossum, Ralph, Alan, Tarr, & Vincent, n.d). The founding fathers made the Tenth Amendment to protect the state government from the overreaching powers of the federal. Primarily, it wanted to check the power of the government by making it closer to the people(Rush, 2019). However, the role of the Tenth Amendment to protect the states has been trampled by the US congress. Congress made unfunded regulations that have financial implication in states, the need for growth, and the fact that the amendment has not been implemented effectively affects its operations. 

Congress used unfunded federal mandates as the primary means used to deal with the issues affecting the states. Congress, such as the Clean Air Act, and Motor Voter Law, passes the federal mandates. The states are forced to implement such regulations by the federal government. The implementations of such programs are expensive, but the federal governments hardly contribut funds needed to achieve the same. The federal mandates are unfair and are sometimes considered unconstitutional (Rush, 2019). They represent a significant threat to taxpayers, especially when they are not funded. Thus, the Tenth Amendment no longer serves the purposes for which it was created. Congress violates its mandate by introducing laws that affects the functions of the state government and people directly.

The need for growth, supported by the congressional laws significantly affects the Tenth Amendment. For instance, in 1816, the US congress passed a national tariff that made certain foreign goods from the North more expensive compared to those from the South. Thus, the legislation only benefited people from the North while those from the south lost on an important trading opportunity. However, when more tax increase legislations were made in 1828, South Carolina legislation drafted a motion claiming that states should be allowed to operate indecently by ignoring federal laws that affects the rights of the people and violates the Tenth Amendment. While the federal government has conducted an activity that violates the provisions of Tenth Amendment, the Tenth Amendment has no power to impose limitations to the authority of the American Congress. For instance, the Congress defeated a motion seeking to modify the term delegated with expressly (Rush, 2019). Primarily, the states have the permission to make by laws. However, they should not contravene that of the federal government. The rapid growth of the federal government has resulted to emerging of contemporary issues that makes the Tenth Amendment limited to the federal government in particular ways.

The Tenth Amendment was not given full force and effect since it was considered unnecessary as the national government was limited and only had powers given to it by the American constitution (Rossum, Ralph, Alan, Tarr, & Vincent, n.d). Besides, the constitution had not been given the power to violate such an important right of the people. Furthermore, it was made to affirm the understanding of people when constitution was being made that power not given to America was given to the people. Thus, the amendment contributed very little to the instrument in its original ratification.

While the Tenth Amendment is an important provision in the American Constitution, its implementation has met huddles, especially with the Congress.  The Congress has made laws that directly affect the functions of the state governments and the people directly. Such actions contravene the provision of the Amendment. Thus, it has not been fully implemented since it is considered unnecessary.  




Rush, S. E. (2019). What a Truism the Tenth Amendment is: State Sovereignty, Sovereign Immunity, and Individual LibertiesFla. L. Rev.71, 1095.

Rossum, Ralph, Alan G. Tarr, and Vincent Muñoz (n.d). American Constitutional Law: The

Structure of Government. Vol. I, 11th ed. New York: Routledge. ISBN 978-0367233334.







Related Samples

WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, how can I help?