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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, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved ...
Alexander Hamilton's opposition to the Bill of Rights, from Federalist No. 84. Prior to the ratification and implementation of the United States Constitution, the thirteen sovereign states followed the Articles of Confederation, created by the Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to ...
While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu, John Locke and others, [82] [100] [101] Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. [102]
Constitutional lawof the United States. The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.
Enumerated powers (United States) 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 States in the United States Constitution. Most of these powers are listed in Article I, Section 8.
Article I. Among the powers specifically given to Congress in Article I Section 8, are the following: 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; 2.
Mitchell, the U.S. Supreme Court held that rights contained in the 9th or 10th amendments could not be used to challenge the exercise of enumerated powers by the government: "If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail."
Reserved powers. Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, nevertheless may exist because it is impractical to detail in legislation every act ...