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The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. [1] It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement, with the federal government having the supremacy.
In the United States, many powers that are not reserved to the states are exclusive federal powers, and thus states are forbidden to exercise them. Alternatively, powers that are not reserved to the states may be concurrent powers that both the states and federal government can exercise at the same time (such as the power to enact taxes to ...
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [36] Notably, the Tenth Amendment has been successfully utilized to nullify restrictive federal laws pertaining to gun rights, [37] immigration, [38] cannabis, [39] and more.
States that rights not enumerated in the Constitution are retained by the people. September 25, 1789 December 15, 1791 2 years, 81 days 10th [21] States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the states, or to the people.
Some of the more important powers reserved to the states by the Constitution are: the power, by "application of two-thirds of the legislatures of the several states," to require Congress to convene a constitutional convention for the purpose of proposing amendments to or revising the terms of the Constitution (see Article V). [57]
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8. In summary, Congress may exercise the powers that the ...
The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers".
This form of limited sovereignty (commonly called "dual sovereignty" or "separate sovereigns" in the language of constitutional law) is derived from the 10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States ...