10th Amendment

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1OTH AMENDMENT

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.”

➢ Part of the Bill of Rights
➢ The amendment illustrates that the federal government only has powers over the things that are specifically given to it in the Constitution. The remaining powers are reserved to the States/people.
➢ It was passed by Congress in September 1789 and Ratified in December 1791

How was it formed?
➢ After the war of independence
➢ The exploratory committee studied how the colonies might join together
➢ Congress formally adopted the plan in November 1777.
➢ Known as the Articles of Confederation.
➢ Each state had to individually choose whether or not it wanted to be a part of this new union.
➢ The Revolutionary War meant that Maryland did not ratify until March 1781.
Issues?
➢ The American population had a fear of giving up their local rights to a new national government.
➢ Unclear which rights would be designated to the federal government and rights the states would retain themselves
➢ A majority of people wanted rights to stay in the hands of local people, not in the hands of central government. Resolution?
➢ To help prevent the federal government from taking too much power that it was not granted, the Founding Fathers included this statement in Article II of the Article 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."
➢ HOWEVER, government proved to be weak therefore the constitution took its place
➢ Still limits powers but allows federal government to function adequately
➢ In today’s society it still remains as the document that our government is organized…...

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