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Tenth Amendment Pros And Cons

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The Tenth Amendment was first drafted by colonists to ensure that the new form of government they were trying to establish would never have an excessive amount of control over the population. While colonists were under British rule, they constantly encountered the problem of King George lll having total control over every single person. The Tenth Amendment states the federal government only has the rights delegated in the constitution, otherwise, it goes to the people or the states. The government and citizens are aware of their rights because the Supreme Court has ruled laws that go directly to the people, even though it doesn't specify what these powers are. The court case, McCulloch v. Maryland directly references the amendment in 1819.

According to the Tenth Amendment, the Federal Government is limited to the rights listed in the Constitution. The people or the state automatically receive it if it isn't listed ("Revolutionary War and Beyond"). To keep the central government from gaining too much power, colonists created the amendment. They didn't believe it was fair for a government that was situated so far away from them to dictate different aspects of …show more content…

Consider local law enforcement actions as an example. Typically, a case wouldn't go to the federal government directly. They’d have far too much control over the populace, and it is considered unconstitutional ("National Constitution Center"). Cases would be sent to the state's specific government, and it would be taken from there. Due to precautions put in place to prevent them from interfering, the Federal Government can only exert a certain amount of authority in a court of law. In most cases, the first consideration is whether something exceeds the stated powers of the national government rather than whether it infringes on someone's

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They have power to ensure the law is constitutional. If it is not, the Supreme Court has the power to deem the law unconstitutional which causes it to be nullified. Within the Federalist papers one of their main focuses was explaining the power of checks and balances. Each branch of government had a power to keep the other from getting too powerful. In Federalist Paper No. 51 Madison writes, “If men were

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