Amendment 10 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. You dont hear about this Constitutional amendment very much. Indeed, I bet you could ask 100 people what the text of the 10th amendment was or even what it states in general and youd be hard pressed to find more that 9 or 10 that knew. However, it is an extremely important amendment. It is directly drawn from the text of the Articles of Confederation, Article 2: Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. I often ponder if this particular amendment is not more important than any of the others, including the first and second. Why? To understand that, you have to have a little more than a surface understanding of the Constitution. One of the contentions between the Federalists and Anti-Federalists over ratification of the Constitution was, in fact, the Bill of Rights or the first 10 amendments. The contention was that there was no need for a bill of rights because the Constitution expressly enumerated the powers of the federal government. The concern was that if rights were spelled out in such a bill of rights, then what ever was not specified would certainly be encroached upon by the government. The other side of the argument was that if certain rights were spelled out it would give the people specific and immediate recourse to such violations. I suppose in the end, history will have to be the judge of which side was correct. In my studies, I personally see points on both sides of the argument. Nonetheless, it was decided to provide something of a catch all amendment to address the points to both arguments. Thus, the tenth amendment. I am of the belief that this could have been the only amendment in the bill of rights because, in essence, it says that if its not a power or duty specifically given to the government, then its a power or duty retained by the states or the people. In other words, if We The People did not spell it out to you or specifically mention it for the federal government to do, then its not yours and you cant. Period. That all said, it has significance for us today for additional reasons. Primarily because I think the people have forgotten their position with respect to the federal government. Notice first Article 2 of the Articles of Confederation. Each state retains its sovereignty. Did you get that? EACH STATE! Thats why we are called the United STATES of America. We are a country of SOVEREIGN, individual states, united under a Constitution of a Republican form of government (NOT DEMOCRATIC). I wish I could double bold, triple underline that. Where people got the notion we are a Democracy is beyond me. Even our Pledge of Allegiance states we are not. Okay, okay so each state is sovereign, so what? Well just where, exactly, do you think the states get their power and authority? Lets look at the words of Justice Joseph Story. This amendment is a mere affirmation of what, upon any just reasoning, is a necessary rule of interpreting the constitution. Being an instrument of limited and enumerated powers, it follows irresistibly, that what is not conferred, is withheld, and belongs to the state authorities, if invested by their constitutions of government respectively in them; and if not so invested, it is retained BY THE PEOPLE, as a part of their residuary sovereignty. Did you get that? Read that again if you did not. Notice he states that the Constitution is an instrument of LIMITED and ENUMERATED powers. In other words, it spells out precisely what the federal government can and cannot do! Next he states, logically, if it is not conferred from the people to the federal government then it is withheld from them. In other words, if We the People didnt say you could, then you cant. However, its the last part I really want you to focus on. If not so invested, it is retained BY THE PEOPLE, as a part of their residuary sovereignty. YOU, WE are sovereign! The federal government didnt just magically appear one day with power and authority from some unknown source. No, WE, with our God given sovereignty and authority CREATED the federal government. We gave it limits and conferred to it certain authority (conditionally) to operate and carry out its specified responsibilities for the common good. With the election cycle coming up it is important to remember that each of you have a job and responsibility in ensuring the federal government stays within the confines it has been given. It is up to us to remind those elected that WE elected THEM to represent our interests and common good, not theirs or those of special interests, PACs or any other such group. If they fail to understand that then it is our job to ensure they are not entrusted with the privilege to serve us and this great nation. What will you do this election? Will you be handing out pink slips, or will you be accepting the status quo trying not to rock the boat? Or, will you even show up at all?
Posted on: Mon, 27 Oct 2014 06:01:08 +0000
Trending Topics
© 2015