TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION

'Amendment X' (the 'Tenth Amendment') of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

Contents

Text

History and case law

Forced participation or commandeering

Commerce clause

Federal funding

Footnotes

External links

Text

History and case law

The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."^[1] After the Constitution was ratified, some wanted to add a similar amendment limiting the federal government to powers "expressly" delegated, which would have denied implied powers.^[2] However, the word "expressly" ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not amend the Necessary and Proper Clause.
The Tenth Amendment, which makes explicit the idea that the federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism. In ''United States v. Sprague'' (1931) the Supreme Court noted that the amendment "added nothing to the [Constitution] as originally ratified."
From time to time states and local governments have attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from ''United States v. Darby'', 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.

The Tenth Amendment makes explicit what had before only been implied. It is also worth keeping in mind that the reserved powers mentioned in the Tenth Amendment are not the only powers that state governments possess. They additionally have what are called concurrent powers, which are held by both the states and the federal government. However, Congress may be able in some instances to preempt those concurrent state powers.

Forced participation or commandeering

As suggested above, the Supreme Court rarely declares laws unconstitutional for violating the Tenth Amendment. In the modern era, the Court has only done so where the federal government compels the states to enforce federal statutes. In 1992, in ''New York v. United States'' 505 U.S. 144 (1992), for only the second time in 55 years, the Supreme Court invalidated a portion of a federal law for violating the Tenth Amendment. The case challenged a portion of the Low-Level Radioactive Waste Policy Amendments Act of 1985. The act provided three incentives for states to comply with statutory obligations to provide for the disposal of low-level radioactive waste. The first two incentives were monetary. The third, which was challenged in the case, obliged states to take title to any waste within their borders that was not disposed of prior to January 1, 1996, and made each state liable for all damages directly related to the waste. The Court, in a 6–3 decision, ruled that the imposition of that obligation on the states violated the Tenth Amendment. Justice O’Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (i.e., by attaching conditions to the receipt of federal funds, see ''South Dakota v. Dole''), or through the commerce power (by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations.
In 1997, the Court again ruled that a federal act, this time the Brady Handgun Violence Prevention Act, violated the Tenth Amendment (''Printz v. United States,'' 521 U.S. 898 (1997)). The act required state and local law enforcement officials to conduct background checks on persons attempting to purchase handguns. Justice Scalia, writing for the majority, applied ''New York v. United States'' to show that the law violated the Tenth Amendment. Since the act “forced participation of the State’s executive in the actual administration of a federal program,” it was unconstitutional.

Commerce clause

According to the Tenth Amendment, the federal government of the United States has the power to regulate only matters specifically delegated to it by the Constitution. Other powers are reserved to the States, or to the people. The Commerce Clause is one of those few powers specifically delegated to the federal government and thus its interpretation is very important in determining the scope of federal legislative power.
The Commerce Clause has been cited in many cases that have allowed the federal government to limit what were previously considered rights "reserved to the States respectively, or to the people."
In ''Wickard v. Filburn'' (1942), the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for "home consumption" on a farm--that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers. Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat.
In ''Garcia v. San Antonio Metropolitan Transit Authority'' (1985), the Court announced that it would no longer regard Tenth Amendment questions as justiciable, holding "[t]he political process ensures that laws that unduly burden the States will not be promulgated" by Congress.
In ''United States v. Lopez'' , a federal law mandating a "gun-free zone" on and around public school campuses was struck down because, the Supreme Court ruled, there was no clause in the Constitution authorizing it. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause. The opinion did not mention the Tenth Amendment, and the Court's 1985 ''Garcia'' opinion remains the controlling authority on that subject.
Most recently, the Commerce Clause was cited in the 2005 decision ''Gonzales v. Raich.'' In this case, a California woman sued the Drug Enforcement Administration after her medical marijuana crop was seized and destroyed by Federal agents. Medical marijuana was explicitly made legal under California state law by Proposition 215; however, marijuana is prohibited at the federal level by the Controlled Substances Act. Even though the woman grew the marijuana strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own marijuana ''affects'' the interstate market of marijuana, citing the ''Wickard v. Filburn'' decision. It therefore ruled that this practice may be regulated by the federal government under the penumbra of the Commerce Clause.

Federal funding

Another controversial technique used by Congress has been to deny federal funding to states when certain state laws do not conform to federal guidelines. For example, the national 55 mph (89 km/h) speed limit and the national 21-year drinking age were imposed through this method; the states would lose highway funding if they refused to pass such laws. See e.g. ''South Dakota v. Dole'', 483 U.S. 203 (1987).

Footnotes

1. Articles of Confederation (1777). Via Avalon Project at Yale Law School.
2. House of Representatives, Amendments to the Constitution (18-21 August 1789).

External links

★ Tenth Amendment Center

★ Exploring Constitutional Conflicts

★ State Senator on State Rights via the Tenth Amendment

★ CRS Annotated Constitution: 10th Amendment

★ News and Commentary Articles Related to the Tenth Amendment