Saturday, March 15, 2014

10nth Amendment

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.

Antifederalist Idea: States for the people have the power except what Constitution gives the federal government and what the constitution says states can not do.

This Amendment is used to define the Federal police power, federal taxing power, and federal regulations.

Compact Theory- the federal government is a compact of the states, and that the government was a creation of the states.

Sovereignty- State laws rule unless the Constitution says otherwise.

Expressly- Gave power to the states.

Implied Powers-Come from necessary proper clause.

(Look at Article 1 section 8 clause 18)

This video depicts the state leaders of Montana, Utah, and Texas battling out federal gun bans by reinstating their individual state rights as stated in the 10th Amendment. The state rights not only apply to gun laws, but also education and taxation laws as well.

This image depicts the maraijuana issues between the federal and state governments. There are many issues that the federal and state governments dissagree on. The tenth Amendment does not guarentee that the state can override the federal government on all laws. There is always a loophole the federal government can find to get their laws passed.

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