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RIGHTS RESERVED TO STATES OR
THE PEOPLE
Amendment, stated that “it was impossible to confine a
The Tenth Amendment articulates the principle of federalism, or
Constitution descended to recount every minutia.” The Tenth
states’ rights. It states that the federal government has only those
Amendment was crafted, therefore, to resolve the different
powers delegated to it by the Constitution, and that all other
positions, and Madison introduced the Tenth Amendment
governmental powers are reserved to each state.
reasoning that it “…can be no harm in making such a
Government to the exercise of express powers; there must
necessarily be admitted powers by implication, unless the
declaration…” And so, the Tenth Amendment serves to emphasize
Recalling the Ninth Amendment, there were two schools of
the notion that the inclusion of the Bill of Rights does not change
thought as to how best to protect individual rights against tyranny
the nature of the federal government created by the Constitution.
and corrupt governments. The Anti-Federalists argued that a
It remains a government of limited powers. (A number of states
government in the future might claim that God-given rights of the
ratified the Constitution only with the understanding that it would
people did not exist if they were not already enumerated as
quickly be amended to include a Bill of Rights.)
guaranteed. The concern was that over time, a rapacious
government might try to seize those rights for itself. Therefore,
Practically speaking and from a current day perspective, we, as
the Ninth and Tenth Amendments are tethered together to prevent
Americans, should not take for granted our right to move freely;
broadening the specific powers granted to our federal
to live in whichever state we choose. Undoubtedly, we choose
government. To that end, these two amendments combined
where to live in the United States based on personal reasons and
provide catch-alls to clarify that powers not specifically identified
many factors, including whether the laws of a chosen state mirror
as powers enjoyed by the federal government remain rights of the
certain values held by the individual considering relocation. Most
states and the people.
countries do not have such a wide variety of local (state) laws.
Take England for example. If you live in northern England and
Certain framers of the Constitution believed that
you don’t like the laws there, it makes no difference if you move
a Bill of Rights was not necessary to limit the powers of the
to southern England. In America, if you live in Rhode Island and
central or federal government they envisioned. After the
decide you don’t like the laws, you can move to Florida and be
Constitution was ratified, several congressional representatives
governed by an entirely different set of state laws and by different
proposed amendments to “expressly” deny existence of implied
state officials. The Tenth Amendment is the underlying principle
federal government powers and forbid the federal government
that reserved rights to the states and to the people with the goal of
from unjustifiably expanding its reach.
limiting the federal government’s control and reducing the risk of
unbridled corruption.
James Madison, the primary drafter of both the Ninth and Tenth
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