It's intent was to protect the people from an over aggressive, all powerful government, which is what governments tend to become.
It is also the most widely ignored of all the amendments. The Tenth Amendment specifically prohibits the creation of such boondoggles as the Departments of Education and Energy, and countless more, besides.
The Federal Government is prohibited from overruling state drug laws, for example. California is one of many states which have legalized marijuana for medicinal purposes, and the Feds have no constitutional authority to do anything about it. Furthermore, the Tenth Amendment prohibits the Federal Government from doing anything about the state drug laws.
When the Constitution was adopted, the people were indeed protected by this amendment. It is the people of today who have lost its protection.
2007-11-14 15:51:55
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answer #1
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answered by Rick K 6
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The effect of the Tenth Amendment is one of the great academic debates of American Legal History.
Like its counterpart in the Ninth Amendment, it had no present legal effect as far as clearly prohibiting a particular outcome. Rather, the framers of the Bill of Rights wanted something like the Ninth Amendment and the Tenth Amendment out of a fear that specifically enacting the limitations found in the other Amendments (including the first two which were not adopted at the time) would later be read as implying that the federal government was otherwise unlimited.
Given that the people involved in the Tenth Amendment were not believers in state sovereignty, the reading of the history that seems most accurate to me (and I know that others who have done similar historical research come to a wide variety of conclusions) was that the purpose of the Tenth Amendment was to firmly state two things. First, that there was a division between the powers delegated by the people of the entire country to the national government and the powers that the people of each state were free to delegate to their individual state delegates. Second, that the people of the country were free to alter that delegation by proper means (i.e. a constitutional amendment) at a later date.
2007-11-14 15:38:47
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answer #2
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answered by Tmess2 7
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Of what time do you speak?
2007-11-14 15:34:25
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answer #3
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answered by Toodeemo 7
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of what time? last time i checked, it still affects us today.
2007-11-14 15:32:19
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answer #4
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answered by cris 2
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que!
2007-11-14 15:33:13
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answer #5
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answered by David K 1
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