what is the function of the tenth amendment?

3 days ago 14
Nature

The function of the Tenth Amendment to the United States Constitution is to reaffirm the principle of federalism by specifying that the federal government only has the powers delegated to it by the Constitution. All other powers not delegated to the federal government nor prohibited to the states are reserved to the states or to the people. Essentially, it limits the scope of federal authority and ensures that states retain their sovereignty and reserved powers unless explicitly taken away or assigned to the federal government. The amendment was ratified in 1791 as part of the Bill of Rights and was intended to allay fears of an overly powerful federal government by clarifying that the states and people retain all powers not expressly given to the federal government. It acts as a safeguard for state authority against federal overreach, underpinning the division of powers between national and state governments. Over time, the Tenth Amendment has played a central role in legal debates about the balance of power in the U.S. federal system, including decisions limiting or affirming federal authority in various cases. The exact text of the Tenth 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." In summary, its function is to:

  • Reinforce the limited nature of federal powers.
  • Protect state sovereignty by reserving non-delegated powers to states or the people.
  • Serve as a constitutional basis for federalism and state rights.

This amendment has been a key element in discussions and court decisions about the limits of federal power and the rights of the states within the American federal system. Its purpose is to maintain the balance of power and prevent federal intrusion into areas reserved for state governance. This explanation captures the core function of the Tenth Amendment as found in constitutional history and Supreme Court interpretations.