Thursday, February 27, 2020

The Tenth Amendment acts as a limit on Congressional powers Essay

The Tenth Amendment acts as a limit on Congressional powers - Essay Example This research will begin with the statement that Thomas Jefferson called the Tenth Amendment â€Å"the foundation of the Constitution†. Historically, the amendment was designed to limit the powers of the federal government, a concern highlighted by the tyrannical rule of King George III of England. While the wording of the amendment is simple and seemingly precise, its historical significance--and modern interpretation and use--continues to be a source of debate regarding its true meaning and intent. This paper will attempt to clarify questions regarding its interpretation, the current actions of the states to push back federal intrusion and, finally, the role of the United States Supreme Court in deciding these important matters. Ratified in 1791, The Tenth Amendment works to limit Congressional powers and guarantee that the states have primary control over matters that directly affect their citizens; over time, however, this clarification has eroded. The amendment expressly states that â€Å"powers not delegated† to the new federal government must be left to the states to decide. While the original intent is clear, however, its interpretation has been widened beyond the expressed attempt to limit federal intrusion. The debate continues in 2010 regarding the boundaries of the amendment’s authority. More recently, we can find U.S. Supreme Court cases addressing the powers of the Tenth Amendment. In 1995, the Court ruled that Congress overstepped its power by passing the 1990 Gun-Free School Zones Act.

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