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My little brother needs help with his Social Studies project, and quick! It's due tomorrow. Also, another thing he needs to answer:
What do you think would happen if this amendment did not exist?
Please help!!
Thanks in advance.
P.S- this is the Tenth Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people

2007-02-25 14:48:33 · 5 answers · asked by Ana !? 3 in Politics & Government Government

5 answers

Certain powers not listed in the constitution are reserved to the people. Other powers - not explicitly stated in that document - are reserved for the states. Eminent domain is a great example of a state's power that is not listed in the constitution. Eminent domain is the ability for a governing agency to sieze private property for redevelopment purposes.

2007-02-25 14:57:55 · answer #1 · answered by Richard H 7 · 0 0

Well, the tenth amendment means pretty much what it says. What powers (laws, governing, etc...) that is not given to the federal government within the constitution, is reserved for the state's governments and to the people. Although, through the years, it seems that we the people have not guarded that amendment very well since we have a lot of federal laws and regulations that our not delegated to the federal government by the constitution. Hope this helps.

Oh, and your other question about what would happen if this amendment didn't exist, it has kinda been trampled on so much that it's almost like it's not there. Of course, if it wasn't, then we may not have state governments.

2007-02-25 15:04:59 · answer #2 · answered by Tara 4 · 0 0

The states could make laws that congress can’t. They can also use the rights of the bill of rights if they wanted. For example they could make it so police cant seize property without a warrant, which takes a warrant issued by the state. In a few cases the tenth amendment has been forgotten like in Obamacare. If the supreme court answered it how it should be it would be simple. But now there is a fight because the tenth amendment has been forgotten.

2016-08-24 10:51:40 · answer #3 · answered by C 1 · 0 0

The purpose of the tenth amendment was to limit the power of the federal government to ONLY that which is directly granted to it by the Constitution.

My view is that it has no meaning whatsoever in today's government. The tenth amendment was the South's specific justification for the Civil War, and the North's victory added enormously to momentum of the growing federal power. Today, there is very little that a state can do without approval from Washington. And a careful reading of the Supreme Court's most recent decision on medical marijuana, shows that 6 of the current justices believe that the tenth amendment is now void. They basically ruled that it's no longer necessary for a law passed under the authority of the Interstate Commerce Clause, to actually affect interstate commerce. Under that principal, there is no longer any limit to federal power.

2007-02-25 15:18:16 · answer #4 · answered by Thisisnotmyrealname 2 · 1 0

I'm not sure that it is since both the judicial & legislative branch ignore it with impunity.

2007-02-25 16:17:06 · answer #5 · answered by yupchagee 7 · 0 0

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