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United States Constitution: Amendments 9 & 10

The Constitution Explained

Amendment 9. Individuals Rights

THE 9TH AMENDMENT
  • The Rights listed in the Constitution are not the only Rights the people have.
  • The Supreme Court has never said what these unlisted Rights are.
  • These Rights may be implied from certain Rights listed in the Constitution.
  • Often the Supreme Court will use the 14th Amendment to cover the unlisted Rights.
Some Unlisted Individual Rights Implied by the Constitution

Amendment 10. Federalism

THE 10TH AMENDMENT
  • If a power is not delegated to the Federal government, then that power goes to the States, or to the People.
  • Does not refer to any individual rights.
  • Designed to limit the threat of the national government acquiring too much power.
  • Reflects Federalism: An attempt to strike a balance between the Federal Government and the Government of the States.
  • Was the only Amendment proposed by every State.
  • Delegated Powers: The listed and implied powers of the Federal Government.
  • Reserved Powers: Powers reserved for the States.
    • Police Powers (Laws and Regulations concerning public health, safety, morals and welfare.)
Important Events Involving 10th Amendment Issues
  • 1798. The Virginia and Kentucky Resolutions resolved that the Sedition Act was a violation of the 1st Amendment.
  • 1814. The Hartford Convention: Delegates from New England States met to protest the War of 1812 and threatened secession.
  • 1819. McCullough v Maryland: Did not limit the Federal Government to specific powers listed in the Constitution.
  • 1833. Congress to passed the Force Bill of 1833 giving President Jackson the Federal authority to use a military force to enforce a tariff in South Carolina.
  • 1859. Ableman v Booth: The State Courts did not have power over the Federal Courts when Federal Law was involved.
  • 1861-1865. The Civil War affirmed that a State did not have the right to leave the Union without the Federal Government's permission.
  • 1863-1876. Reconstruction: Federal troops occupy the former Confederate States.
  • 1869. Texas v White: U.S. Supreme Court ruled that individual States could not secede from the Union.
  • 1918. Hammer v Dagenhart : The Federal Government did not have the power to regulate social conditions.
  • 1954. Brown v Board of Education: U.S. Supreme Court ruled racially segregated public schools were unconstitutional.
  • 1957-1963. Brown and the Civil Rights laws of the 1950s and 1960s led to Federal law establishing authority over the States in matters of Civil Rights.
  • 1985. Garcia v San Antonio Metropolitan Transit Authority: Asserted Congress' power to set fair labor standards, even though this had been a traditional power of the States.
  • 1995. United States v Lopez: Federal law for gun-free school zones was a State prerogative.
  • 1992. New York v United States: Ruled that the Federal Government did not have the power to force states to take radioactive waists.
  • 1997. Printz v. United States: Ruled that State law enforcement officers cannot be forced to enforce federal responsibilities.
  • 2000. Reno v Condon (2000): Congress prohibited States from selling data on drivers' licenses.

Additional References

Harper, T. (2016). The complete idiot's guide to the U.S. Constitution. Alpha Books, a member of Penguin Random House LLC.
Monk, L. R. & Ginsburg, R. B. (2018). The Bill of Rights: a user's guide. Hachette Books. 
Monk, L. R. (2015). The words we live by: your annotated guide to the Constitution. Hachette Books.