Welcome to Gaia! ::

    So I have to make a poster of the bill of rights but I still don't get the 10th amendment.
    Could someone describe it?
    Also I'm trying to draw a picture defining it. Does anyone have any ideas?
I have a good picture depicting the 10th amendment.
User Image - Blocked by "Display Image" Settings. Click to show.
RS Sailor Black Moon's avatar

Newbie Businesswoman

4,850 Points
  • Market Browser 100
  • Junior Trader 100
  • Trader 100
It has to do with the balance of power between the States and the Federal Government. Back then, they wanted to make sure States keep some of their sovereignty. The 10th however hasn't been very effective at this. Its kinda a waste of space. It basically reaffirmed the separation of the Federal and State governments.

It keeps the Fed from forcing states to adopt policies they don't want. The Fed however generally gets around this by either offering funding to comply with their latest program, or threatening to remove previously granted funds if a state fails to comply.

In Theory, it should also restrict the powers of the federal government, reserving anything not specifically mentioned in the constitution for the States. But in practice, lawyers and law makers have found ways to justify pretty much anything they want under one clause or another. (The commerce clause for example has lead to ALL sorts of powers being granted to the Fed Gov).


What you would draw... I dunno.... a broken Fence?
RS Sailor Black Moon
It has to do with the balance of power between the States and the Federal Government. Back then, they wanted to make sure States keep some of their sovereignty. The 10th however hasn't been very effective at this. Its kinda a waste of space. It basically reaffirmed the separation of the Federal and State governments.

It keeps the Fed from forcing states to adopt policies they don't want. The Fed however generally gets around this by either offering funding to comply with their latest program, or threatening to remove previously granted funds if a state fails to comply.

In Theory, it should also restrict the powers of the federal government, reserving anything not specifically mentioned in the constitution for the States. But in practice, lawyers and law makers have found ways to justify pretty much anything they want under one clause or another. (The commerce clause for example has lead to ALL sorts of powers being granted to the Fed Gov).


What you would draw... I dunno.... a broken Fence?

    Ohh I see.
    A broke fence just simple? xD
    Thank you.
The 10th is considered surplussage, as it merely shows something that was widely agreed upon
Since then, however, it has become where "state's rights" come from. It basically means that anything not given to congress really is the states, unless it is covered by interstate commerce
agrab0ekim
The 10th is considered surplussage, as it merely shows something that was widely agreed upon
Since then, however, it has become where "state's rights" come from. It basically means that anything not given to congress really is the states, unless it is covered by interstate commerce


Meh, I always thought the other part "or to the people" meant that if the Federal government wanted to it could just pass referendums in order to bypass the whole State's Rights crap.

But that's just me and I may be reading things into it in order to allow loopholes.
Wraith of Azrael
agrab0ekim
The 10th is considered surplussage, as it merely shows something that was widely agreed upon
Since then, however, it has become where "state's rights" come from. It basically means that anything not given to congress really is the states, unless it is covered by interstate commerce


Meh, I always thought the other part "or to the people" meant that if the Federal government wanted to it could just pass referendums in order to bypass the whole State's Rights crap.

But that's just me and I may be reading things into it in order to allow loopholes.


you're reading into it - I don't know the relevant case law (or, for that matter, if there is any), but my classes in the formation as well as general constitutional law indicate that it was a reference to 'home rule,' the concept still widely ENFORCED by the people (see towns voting out medical marijuana dispensaries, local rules regarding liquor, etc.) - this is one of the last remaints of the 10th that is really protected and respected by the people.
If you would like, I can look more into it (my normal source of contact, my Con Law and 1st amendment professor, is the former ACLU director - I tend to trust what he sends me)

Quick Reply

Submit
Manage Your Items
Other Stuff
Get Items
Get Gaia Cash
Where Everyone Hangs Out
Other Community Areas
Virtual Spaces
Fun Stuff
Gaia's Games