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The Constitutional Defense: Amendment 10 The Tenth Amendment:
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. |
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This is one of the most violated amendments in existence. The federal government has passed thousands of laws in blatant violation of it, only a relative few of which have been
overturned by the courts. Part of the reason courts often don't overturn such laws is that, increasingly throughout our history, the entire governmental system has become more and more federally based. This system is very reluctant to give up power to states or individuals. However, some laws have been reversed because of the Tenth Amendment, and if more laws that defy this amendment are brought to court, more unconstitutional laws will be reversed. As our government becomes more federally oriented, individuals lose power. This is why this amendment is so important. The more individuals who vote on an issue, or vote for an official who decides an issue, the less influence each individual has. Therefore, local and state laws are more heavily influenced by each individual than federal laws are. This country was founded on the idea of individual rights, and I believe most Americans are still in favor of these rights. However, because of federal government officials who encourage or even force states to comply with unconstitutional laws, we are losing our influence, and may eventually lose those rights that our founding fathers bled for. |
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