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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.
The 10th Amendment, "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", has preserved the powers of the federal and state governments until present day since 1791.
In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.
The Equal Rights Amendment (proposed 1972) would have prohibited deprivation of equality of rights (discrimination) by the federal or state governments on account of sex. A seven-year ratification time limit was initially placed on the amendment, but as the deadline approached, Congress granted a three-year extension.
In 2009–2010 thirty-eight states introduced resolutions to reaffirm the principles of sovereignty under the Constitution and the 10th Amendment; 14 states have passed the resolutions. These non-binding resolutions, often called "state sovereignty resolutions" do not carry the force of law. Instead, they are intended to be a statement to ...
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The 14th Amendment ensured the shielding of fundamental rights of the individual citizen against the threats presented by rights of the state by the Privileges or Immunities Clause. [ 22 ] Still, in the immediate aftermath of the Taney court and the rise of Dual federalism , the division of labor between federal, state, and local governments ...
Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "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."