The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled." After the Constitution was ratified, some wanted to add a similar amendment limiting the federal government to powers "expressly" delegated, which would have denied implied powers. However, the word "expressly" ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not amend the Necessary and Proper Clause.
The Tenth Amendment, which makes explicit the idea that the federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism. In United States v. Sprague (1931) the Supreme Court noted that the amendment "added nothing to the [Constitution] as originally ratified."
From time to time states and local governments have attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim.
2007-12-11 16:41:24
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answer #1
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answered by BeachBum 7
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Poor writing?
Maybe they wanted it to be a bit vague, leave it open for interpretation.
Maybe they wrote it just fine, but the Supreme Court has interpreted it badly.
2007-12-08 08:50:00
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answer #2
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answered by Dan H 7
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the did,nt have Starbucks back then
2007-12-08 08:47:25
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answer #4
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answered by Anonymous
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