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.

And we come to the end of those amendments known as the Bill of Rights, ratified together in 1792.  Once again, we see the framers deferring to “the people” those powers not specifically addressed in the Constitution. It restates a truism, “That which is not surrendered is retained.”

Throughout the years, the courts have seen this as a “catch all” amendment aimed at allying fear the federal government would begin an uncontrolled expansion of power and usurp the rights of the states.  Although there are a number of cases where it became pivotal in the courts decision.

One area this stands out is in the concept of a federal police force.  At one time the Court held the federal government did not have the right to a national police force, since policing was a right of the states.  The federal governments reach was limited to the District of Colombia and other areas where the Congress had exclusive authority.[i]   Generally the Court skirts the amendment by citing the Interstate Commerce Clause as it supports the expansion of central powers, as it did with the United States v Darby, 1941 when the court reversed its previous decision on the government’s ability to regulate commerce.

So ends the Bill of Rights.

---

[i] Cornell Law, The Tenth Amendment, Federal Police Power