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US Constitution study guide: Difference between revisions

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'''{{#tip-text:[Amendment 10 overview]|Tenth Amendment
'''{{#tip-text:[Amendment 10 overview]|Tenth Amendment
* "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people
* "retains" or holds/ reserves all powers not "delegated" (given) to the Federal government under the Constitution to the states and/or the people
limits and problems:
* as the Courts have expanded the delegated and implied powers of Congress, the 10th amendment has been inherently weakened
* the 10th Amendment is rarely used to invalidate a federal law
* however, when the Courts do limit federal powers, the 10th amendment offers powerful context
** such as in US v. Lopez (1995) which struck down a federal law that limited 2nd amendment rights
** the Court ruled that the law at question extended beyond a "national" interest and encroached upon a "local" interest
*** the law barred gun possession within a certain distance from a school, and the Congress justified the law based on the Commerce Clause, which the Court rescinded
* }}'''
* }}'''


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States|* "prohibited by it to the states"
The powers '''{{#tip-text:not delegated|not delegated
*  
* i.e., powers that are not provided/extended to the federal (central) government by the Constitution}}''' to the United States by the Constitution, '''{{#tip-text:nor prohibited by it to the States|"prohibited by it to the states"
* }}''', are reserved to the States respectively, or to the people.
* the states retain all powers except those "expressly" or directly provided to the federal government in the Constitution
* except for those powers which are explicitly "prohibited" from the states in the Constitution (such as in Article VI)* }}''', are reserved to the States respectively, or to the people.


== Amendments XI-XVII ==
== Amendments XI-XVII ==