Political Dictionary

Tenth Amendment

The Tenth Amendment reserves undelegated powers to the states or the people.

Definition

The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states respectively or to the people.

Why It Matters

It expresses the constitutional principle of limited federal power and state authority.

How It Works

Courts use the amendment in federalism disputes, including cases involving state sovereignty and federal commands to state officials.

History

Ratified in 1791, it responded to concerns that the new federal government might claim unlisted powers.

Example

The federal government generally cannot require state legislatures to enact a federal regulatory program.

Common Misconceptions

  • The amendment makes states superior to federal law.
  • It lists every reserved power.
  • It allows states to ignore constitutional rights.