The 10th amendment of the Constitution of the United States

The 10th amendment of the Constitution of the United States

The 10th amendment of the Constitution of the United States invites the notion of reserve power. It states, “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.” For this reason, States have the power to decide on issues not stated in the Constitution, including marriage laws, abortion. The 1oth amendment remains to be a crucial segment of the Constitution in that it gives its member states some degree of independence in decision-making.

In his book, “Of the People,” the author James Oaks, gives a detailed review of the history of the United States.  The author discusses essential clauses in the Constitution, including the 10th amendment. According to his text, some issues, such as abortion, should be left upon the state. (James Oakes)The reason behind this argument is that the state wields reserve power and should be able to exercise this power on issues, not under the jurisdiction of the federal government.

South Carolina representative, Thomas Tucker and Massachusetts representative, Elbridge Gerry, proposed the amendment. The Bill proposed limiting the powers of the federal government to functions prescribed by the Constitution. James Madison opposed the first document arguing, “It was impossible to confine a Government to the exercise of express powers and therefore must necessarily be admitted powers by implication. In a later draft, Madison admitted that many states were eager to pass this amendment despite critics labeling the same as unnecessary.\

The effects of passing the second amendment play out even today. The amendment gave states (James Oakes) an advantage in commerce, labor, marriage, and environmental controls.  The amendment influenced the judicial interpretation of the Constitution and was a basis for some of the country’s most historical Supreme Court cases such as the United States v. Darby Lumber Co.  Another instance shows how the amendment prevents the use of the state as an instrument for the federal government, for example, providing federal funding.

There was a need to limit the powers of the federal government and reduce the risk of tyranny. A section of the people felt that the Constitution took too much power away from the people while giving the same power to the federal government. Others felt that states should have been accorded more authority because they were more in touch with the needs of the people.

The only way to solve this dispute was by ratifying the Constitution. The ratification process proved a daunting task, on one side, members were In favor of the Constitution, while other side members were against the Constitution. Some of the issues raised on the discussion included popular sovereignty, state power vs. federal power, and the Bill of rights. Prominent leaders, including George Washington, joined the federalists advocating the need for a national government.

The results spoke for themselves. After the ratification of the Constitution, there was the need to include the Bill of rights as part of the Constitution, including the 10th amendment. The states also recognized the federal government as the supreme authority. In return, the federal government acknowledged the reserve power granted to states in the amendment. This helped promote a sense of nationalism and unity among the people.

The 10th amendment limits the influence of the federal government on the matter of abortion; for this, the decision on whether or not to abort is left to the state department. (Massey) According to the amendment, the federal government has no power to intervene in abortion cases, given that the same is not written in the Constitution.

The 10th amendment in the United States dictates some of the powers enjoyed by the state without interference from the federal government. For instance, in the Supreme Court case, Roe v Wade was decided that it was unconstitutional for the nation, the government, to legislate on behalf of the unborn. Instead, such power should rest within the state.

The results of this amendment can be felt even today. States get to enjoy some fundamental freedoms on decision making, including the choice on whether to allow abortion, gay marriage, and others. The amendment acknowledges the sovereignty of the state on some of the issues. On the other hand, the amendment helps to control the powers of the federal government while protecting democracy.

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The 10th amendment remains an essential piece of the Constitution. It clearly states that the federal government cannot have absolute power in decision making, and so, such power can only be applied under the guidelines of the Constitution. The amendment also gives the state some source of power, especially in making laws on issues not under the jurisdiction of the federal government.  This action helps to promote democracy and maintain unity within the respective states.