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Writer's picturePeter Serefine

The Tenth Amendment: The Forgotten Limit

The Tenth Amendment to the U.S. Constitution is often overlooked, but it is one of the most important safeguards for limited government. It says, "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."


This simple statement is crucial to understanding the balance of power between the federal government and the states. The Founders included the Tenth Amendment to make it clear that any power not explicitly given to the federal government belongs to the states or the people. Let’s break this down.


What the Founders Intended


The Founders feared the kind of centralized, overreaching government they had fought against during the American Revolution. They wanted to ensure that most decisions affecting people's lives would be made close to home, where citizens had more influence. In their view, the federal government should have limited powers, and everything else—education, healthcare, law enforcement, etc.—should be handled by the states or local governments.


James Madison, in Federalist No. 45, emphasized this point by saying that the powers granted to the federal government are "few and defined," while those remaining with the states are "numerous and indefinite." Thomas Jefferson also saw the Tenth Amendment as a way to keep the federal government from expanding its authority beyond what the Constitution allowed. Jefferson believed that if the federal government overstepped its bounds, it could lead to tyranny.


What It Looks Like Today


Despite the clear wording of the Tenth Amendment, the federal government’s powers have expanded far beyond what the Founders intended. Over the years, Congress and the Supreme Court have used broad interpretations of clauses like the Commerce Clause and the Necessary and Proper Clause to justify federal intervention in areas that were once reserved for the states.


For example, many issues like education, healthcare, and even local law enforcement have seen increasing federal involvement. Programs such as Medicaid and federal education standards often come with strings attached, requiring states to follow federal rules if they want funding. This type of influence has undermined the principles of state sovereignty and local control.


How We Can Return to the Founders' Vision


To restore the balance of power, we need to reassert the importance of the Tenth Amendment. One way is through the courts, where cases can be brought to challenge federal overreach and argue that certain powers belong to the states. Another is through state governments asserting their rights by passing laws that limit the federal government's influence in areas like healthcare, education, and other state matters.


We also need citizens to understand the importance of state and local control. By focusing on local solutions, we can limit the scope of federal power and return to the decentralized system of government the Founders envisioned. The Tenth Amendment reminds us that the federal government is not all-powerful, and that the true power lies with the states and the people.

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