{"id":30945,"date":"2016-04-04T20:33:53","date_gmt":"2016-04-05T01:33:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment10.html"},"modified":"2024-08-01T14:19:13","modified_gmt":"2024-08-01T19:19:13","slug":"amendment10","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment10.html","title":{"rendered":"The Tenth Amendment – Reserving Power for the States"},"content":{"rendered":"\n
\n
\n
\n \n The Tenth Amendment\n <\/h1>\n \n Reserving Power for the States\n <\/p>\n <\/div>\n<\/div>\n\n\n
\n
\n By FindLaw Staff<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

In 1791, the states ratified the Tenth Amendment as part of the Bill of Rights<\/a>. Unlike several other early amendments, it is brief\u2014only one sentence. However, that one sentence grants state governments all powers not specifically delegated to the federal government by the Constitution.<\/p>\n

The Constitution established a federal government with defined powers. While the federal government possesses significant authority, the Constitution explicitly confines that authority to the powers it lists.<\/p>\n

The Tenth Amendment to the U.S. Constitution<\/a> concerns the power dynamic between the federal and state governments. It specifies that every power not granted to the federal government is delegated to state governments. In other words, if the Constitution grants a specific power to the federal government, it is its power alone. Every unenumerated power is a power reserved to the states.<\/p>\n

The article summarizes the Tenth Amendment, starting with its text and significance. It proceeds to explore the historical context of the Amendment and the Bill of Rights. The article wraps up with an analysis of how the Supreme Court has interpreted the Amendment, particularly in relation to the commerce clause.<\/p>\n

The Tenth Amendment’s Text and Meaning<\/b><\/h2>\n

The Tenth Amendment states:<\/p>\n

“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.”<\/i><\/p>\n

Essentially, it reserves to the states (or the people) any powers the Constitution does not grant to the federal government, except for powers the Constitution specifically withholds from the states. It balances the vast powers of the federal government against state sovereignty.<\/p>\n

The Ninth and Tenth Amendments are unique because they do not explicitly grant constitutional rights. Constitutional scholars note that the Ninth and Tenth Amendments are companion provisions. They act as rules for interpreting the Constitution:<\/p>\n