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Strange Case of Dr Jekyll and Mr Hyde
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Strange Case of Dr Jekyll
and Mr Hyde
Title page of the first London edition (1886)
Author
Robert Louis Stevenson
Original title
Strange Case of Dr Jekyll and Mr Hyde
Country
United Kingdom
Language
English
Series
None
Genre
Drama
Horror
Mystery
Thriller
Gothic
Science fiction
Publisher
Longmans, Green & Co.
Publication date
5 January 1886
ISBN
978-0-553-21277-8
Strange Case of Dr Jekyll and Mr Hyde is a gothic novella by the Scottish author Robert Louis Stevenson first published in 1886. The work is also known as The Strange Case of Dr. Jekyll and Mr. Hyde, Dr. Jekyll and Mr. Hyde, or simply Jekyll & Hyde.[1] It is about a London lawyer named Gabriel John Utterson who investigates strange occurrences between his old friend, Dr Henry Jekyll,[2][3] and the evil Edward Hyde. The novella's impact is such that it has become a part of the language, with the very phrase "Jekyll and Hyde" coming to mean a person who is vastly different in moral character from one situation to the next.[4][5]
Contents
[hide]
1 Inspiration and writing
2 Plot
3 Characters
3.1 Dr Henry Jekyll/Mr Edward Hyde
3.2 Gabriel John Utterson
3.3 Richard Enfield
3.4 Dr Hastie Lanyon
3.5 Mr Poole
3.6 Inspector Newcomen
3.7 Sir Danvers Carew, MP
3.8 Maid
4 Analysis
4.1 Themes
4.1.1 Dualities
4.1.2 Public vs private
4.1.3 Scottish nationalism vs union with Britain
5 Reception
6 Adaptations
7 Illustrated versions
8 References
9 Further reading
10 External links
Inspiration and writing[edit]
Robert Louis Stevenson
Stevenson had long been intrigued by the idea of how personalities can affect a human and how to incorporate the interplay of good and evil into a story. While still a teenager, he developed a script for a play about Deacon Brodie, which he later reworked with the help of W. E. Henley and which was produced for the first time in 1882.[6] In early 1884, he wrote the short story "Markheim", which he revised in 1884 for publication in a Christmas annual. According to his essay, "A Chapter on Dreams" (Scribner's, Jan. 1888), he racked his brains for an idea for a story and had a dream, and upon wakening had the intuition for two or three scenes that would appear in the story Strange Case of Dr Jekyll and Mr. Hyde. Biographer Graham Balfour quoted Stevenson's wife Fanny Stevenson:
In the small hours of one morning,[...]I was awakened by cries of horror from Louis. Thinking he had a nightmare, I awakened him. He said angrily: "Why did you wake me? I was dreaming a fine bogey tale." I had awakened him at the first transformation scene.[7]
Lloyd Osbourne, Stevenson's stepson, wrote: "I don't believe that there was ever such a literary feat before as the writing of Dr Jekyll. I remember the first reading as though it were yesterday. Louis came downstairs in a fever; read nearly half the book aloud; and then, while we were still gasping, he was away again, and busy writing. I doubt if the first draft took so long as three days."[7]
Inspiration may also have come from the writer's friendship with Edinburgh-based French teacher Eugene Chantrelle, who was convicted and executed for the murder of his wife in May 1878.[8] Chantrelle, who had appeared to lead a normal life in the city, poisoned his wife with opium. According to author Jeremy Hodges,[9] Stevenson was present throughout the trial and as "the evidence unfolded he found himself, like Dr Jekyll, 'aghast before the acts of Edward Hyde'." Moreover, it was believed that the doctor had committed other murders both in France and Britain by poisoning his victims at supper parties with a "favourite dish of toasted cheese and opium".[10]
Louis Vivet, a mental patient who was suffering from multiple personality disorder, caught Frederic W. H. Myers's attention and he wrote to Stevenson after the story was published. Stevenson was polite in his response but rejected that reading. As was customary, Mrs Stevenson would read the draft and offer her criticisms in the margins. Robert Stevenson was confined to bed at the time from a haemorrhage. Therefore, she left her comments with the manuscript and Robert in the toilet. She said that in effect the story was really an allegory, but Robert was writing it as a story. After a while, Robert called her back into the bedroom and pointed to a pile of ashes: he had burnt the manuscript in fear that he would try to salvage it, and in the process forced himself to start again from nothing, writing an allegorical story as she had suggested. Scholars debate whether he really burnt his manuscript; there is no direct factual evidence for the burning, but it remains an integral part of the history of the novella.[11]
Stevenson re-wrote the story in three to six days. A number of later biographers have alleged that Stevenson was on drugs during the frantic re-write; for example, William Gray's revisionist history A Literary Life (2004) said he used cocaine while other biographers said he used ergot.[12] However, the standard history, according to the accounts of his wife and son (and himself), says he was bed-ridden and sick while writing it. According to Osbourne, "The mere physical feat was tremendous and, instead of harming him, it roused and cheered him inexpressibly". He continued to refine the work for four to six weeks after the initial re-write. The novella was written in the southern English seaside town of Bournemouth, where Stevenson had moved due to ill health, to benefit from its sea air and warmer southern climate.[citation needed]
The name Jekyll was borrowed from Reverend Walter Jekyll, a friend of Stevenson and younger brother of horticulturalist and landscape designer Gertrude Jekyll.[13]
Plot[edit]
Gabriel John Utterson and his cousin Richard Enfield reach the door of a large house on their weekly walk. Enfield tells Utterson that months ago he saw a sinister-looking man named Edward Hyde trample a young girl after accidentally bumping into her. Enfield forced Hyde to pay £100 to avoid a scandal. Hyde brought them to this door and provided a cheque signed by a reputable gentleman (later revealed to be Doctor Henry Jekyll, a friend and client of Utterson). Utterson is disturbed because Jekyll recently changed his will to make Hyde the sole beneficiary. Utterson fears that Hyde is blackmailing Jekyll. When Utterson tries to discuss Hyde with Jekyll, Jekyll turns pale and asks that Hyde be left alone.
One night in October, a servant sees Hyde beat to death Sir Danvers Carew, another of Utterson's clients. The police contact Utterson, who leads officers to Hyde's apartment. Hyde has vanished, but they find half of a broken cane. Utterson recognizes the cane as one he had given to Jekyll. Utterson visits Jekyll, who shows Utterson a note, allegedly written to Jekyll by Hyde, apologising for the trouble that he has caused. However, Hyde's handwriting is similar to Jekyll's own, leading Utterson to conclude that Jekyll forged the note to protect Hyde.
For two months, Jekyll reverts to his former sociable manner, but in early January, he starts refusing visitors. Dr Hastie Lanyon, a mutual acquaintance of Jekyll and Utterson, dies of shock after receiving information relating to Jekyll. Before his death, Lanyon gives Utterson a letter to be opened after Jekyll's death or disappearance. In late February, during another walk with Enfield, Utterson starts a conversation with Jekyll at a window of his laboratory. Jekyll suddenly slams the window and disappears.
In early March, Jekyll's butler, Mr. Poole, visits Utterson and says Jekyll has secluded himself in his laboratory for weeks. Utterson and Poole break into the laboratory, where they find Hyde wearing Jekyll's clothes and apparently dead from suicide. They find a letter from Jekyll to Utterson. Utterson reads Lanyon's letter, then Jekyll's. Lanyon's letter reveals his deterioration resulted from the shock of seeing Hyde drink a serum that turned him into Jekyll. Jekyll's letter explains that he had indulged in unstated vices and feared discovery. He found a way to transform himself and thereby indulge his vices without fear of detection. Jekyll's transformed personality, Hyde, was evil, self-indulgent, and uncaring to anyone but himself. Initially, Jekyll controlled the transformations with the serum, but one night in August, he became Hyde involuntarily in his sleep.
Jekyll resolved to cease becoming Hyde. One night, he had a moment of weakness and drank the serum. Hyde, furious at having been caged for so long, killed Carew. Horrified, Jekyll tried more adamantly to stop the transformations. Then, in early January, he transformed involuntarily while awake. Far from his laboratory and hunted by the police as a murderer, Hyde needed help to avoid capture. He wrote to Lanyon (in Jekyll's hand), asking his friend to bring chemicals from his laboratory. In Lanyon's presence, Hyde mixed the chemicals, drank the serum, and transformed into Jekyll. The shock of the sight instigated Lanyon's deterioration and death. Meanwhile, Jekyll's involuntary transformations increased in frequency and required ever larger doses of serum to reverse. It was one of these transformations that caused Jekyll to slam his window shut on Enfield and Utterson.
Eventually, one of the chemicals used in the serum ran low, and subsequent batches prepared from new stocks failed to work. Jekyll speculated that one of the original ingredients must have some unknown impurity that made it work. Knowing he would become Hyde permanently, Jekyll decided to write his "confession". He ended the letter by writing, "I bring the life of that unhappy Henry Jekyll to an end."
Characters[edit]
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Dr Henry Jekyll/Mr Edward Hyde[edit]
Main article: Dr. Jekyll and Mr. Hyde (character)
Dr Jekyll is a "large, well-made, smooth-faced man of fifty with something of a slyish cast",[14] who occasionally feels he is battling between the good and evil within himself, upon leading to the struggle between his dual personalities of Henry Jekyll and Edward Hyde. He has spent a great part of his life trying to repress evil urges that were not fitting for a man of his stature. He creates a serum, or potion, in an attempt to mask this hidden evil within his personality. However, in doing so, Jekyll transpired into the smaller, younger, cruel, remorseless, evil Hyde. Jekyll has many friends and an amiable personality, but as Hyde, he becomes mysterious and violent. As time goes by, Hyde grows in power. After taking the potion repeatedly, he no longer relies upon it to unleash his inner demon, i.e., his alter ego. Eventually, Hyde grows so strong that Jekyll becomes reliant on the potion to remain conscious.
Gabriel John Utterson[edit]
Gabriel John Utterson, a lawyer and loyal friend of Jekyll's (and Lanyon's), is the character the narrator focuses on and follows in Utterson's quest to discover the identity of Hyde. Utterson is a measured and at all times emotionless, bachelor – who nonetheless seems believable, trustworthy, tolerant of the faults of others, and indeed genuinely likable. Utterson has been close friends with Lanyon and Dr Jekyll. However, Utterson is not immune to guilt, as, while he is quick to investigate and judge the faults of others even for the benefit of his friends, Stevenson states that "he was humbled to the dust by the many ill things he had done". Whatever these "ill things" may be, he does not partake in gossip or other views of the upper class out of respect for his fellow man. Often the last remaining friend of the down-falling, he finds an interest in others' downfalls, which creates a spark of interest not only in Jekyll but also regarding Hyde. He comes to the conclusion that human downfall results from indulging oneself in topics of interest. As a result of this line of reasoning, he lives life as a recluse and "dampens his taste for the finer items of life". Utterson concludes that Jekyll lives life as he wishes by enjoying his occupation. Utterson is a good, kind, loyal and honest friend to Henry Jekyll.
Richard Enfield[edit]
Richard Enfield is Utterson's cousin and is a well known "man about town." He first sees Hyde at about three in the morning in an episode that is well documented as Hyde is running over a little girl. He is the person who mentions to Utterson the actual personality of Jekyll's friend, Hyde. Enfield witnessed Hyde running over a little girl in the street recklessly, and the group of witnesses, with the girl's parents and other residents, force Hyde into writing a cheque for the girl's family. Enfield discovers that Jekyll signed the cheque, which is genuine. He says that Hyde is disgusting looking but finds himself stumped when asked to describe the man.
Dr Hastie Lanyon[edit]
A longtime friend of Jekyll's, Hastie Lanyon disagrees with Jekyll's "scientific" concepts, which Lanyon describes as "...too fanciful". He is the first person to discover Hyde's true identity (Hyde transforms himself back into Jekyll in Lanyon's presence). Lanyon helps Utterson solve the case when he describes the letter given to him by Jekyll and his thoughts and reactions to the transformation. When Lanyon witnesses the transformation process (and subsequently hears Jekyll's private confession, made to him alone), Lanyon becomes critically ill and later dies of shock.
Mr Poole[edit]
Poole is Jekyll's butler who has lived with him for many years. Upon noticing the reclusiveness and changes of his master, Poole goes to Utterson with the fear that his master has been murdered and his murderer, Mr Hyde, is residing in the chambers. Poole serves Jekyll faithfully and attempts to do a good job and be loyal to his master. Yet events finally drive him into joining forces with Utterson to find the truth.
Inspector Newcomen[edit]
Utterson joins this Scotland Yard inspector after the murder of Sir Danvers Carew. They explore Hyde's loft in Soho and discover evidence of his depraved life. He is driven by professional ambition and sees the murder of Sir Danvers Carew as a way to further his career.
Sir Danvers Carew, MP[edit]
A kind, white-haired old man and a Member of Parliament. The maid claims that Hyde, in a murderous rage, killed Carew in the streets of London on the night of 18 October (sometime between 11 pm and 2 am by the testimony of the maid). At the time of his death, Carew is 70 years old and is carrying on his person a letter addressed to Utterson. As a result, the police subsequently interview Utterson with regard to the murder.
Maid[edit]
A maid, whose employer Hyde had once visited, is the only person who claims to have witnessed a murder of Sir Danvers Carew. She states that she saw that Mr Hyde murdered Carew with Jekyll's cane and his feet. Having fainted after seeing what happened, she then wakes up and rushes to the police, thus initiating the murder case of Sir Danvers Carew.
Analysis[edit]
Richard Mansfield was mostly known for his dual role depicted in this double exposure. The stage adaptation opened in Boston in 1887, a year after the publication of the novella. (Picture 1895)
Literary genres which critics have applied as a framework for interpreting the novel include religious allegory, fable, detective story, sensation fiction, Doppelgänger literature, Scottish devil tales, and gothic novel.
Themes[edit]
Dualities[edit]
The novella is frequently interpreted as an examination of the duality of human nature, usually expressed as an inner struggle between good and evil, with variations such as human versus animal, civilization versus barbarism sometimes substituted, the main thrust being that of an essential inner struggle between the one and other, and that the failure to accept this tension results in evil, or barbarity, or animal violence, being projected onto others.[15] In Freudian theory, the thoughts and desires banished to the unconscious mind motivate the behaviour of the conscious mind. If someone banishes all evil to the unconscious mind in an attempt to be wholly and completely good, it can result in the development of a Mr Hyde-type aspect to that person's character.[15] This failure to accept the tension of duality is related to Christian theology, where Satan's fall from Heaven is due to his refusal to accept that he is a created being (that he has a dual nature) and is not God.[15] This idea is suggested when Hyde says to Lanyon, shortly before drinking the famous potion – "...and your sight shall be blasted by a prodigy to stagger the unbelief of Satan." This is because in Christianity, pride (to consider oneself as without sin or without evil) is the greatest sin, as it is the precursor to evil itself.[15]
In his discussion of the novel, Vladimir Nabokov argues that the "good versus evil" view of the novel is misleading, as Jekyll himself is not, by Victorian standards, a morally good person in some cases.[16]
Public vs private[edit]
The work is commonly associated today with the Victorian concern over the public and private division, the individual's sense of playing a part and the class division of London [4] In this respect, the novella has also been noted as "one of the best guidebooks of the Victorian era" because of its piercing description of the fundamental dichotomy of the 19th century "outward respectability and inward lust," as this period had a tendency for social hypocrisy.[17]
Scottish nationalism vs union with Britain[edit]
Another common interpretation sees the novella's duality as representative of Scotland and the Scottish character. In this reading, the duality represents the national and linguistic dualities inherent in Scotland's relationship with the wider Britain and the English language, respectively, and also the repressive effects of the Church of Scotland on the Scottish character.[11] A further parallel is also drawn with the city of Edinburgh itself, Stevenson's birthplace, which consists of two distinct parts: the old medieval section historically inhabited by the city's poor, where the dark crowded slums were rife with all types of crime, and the modern Georgian area of wide spacious streets representing respectability.[11][18][19]
Reception[edit]
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Strange Case of Dr Jekyll and Mr Hyde was an immediate success and is one of Stevenson's best-selling works. Stage adaptations began in Boston and London and soon moved all across England and then towards his home Scotland.[4]
Strange Case of Dr Jekyll and Mr Hyde was initially sold as a paperback for one shilling in the UK and one dollar in the U.S. The American publisher issued the book on 5 January 1886, four days before the first appearance of the UK edition issued by Longmans; Scribner's published 3000 copies, only 1250 of them bound in cloth. Initially, stores would not stock it until a review appeared in The Times, on 25 January 1886, giving it a favourable reception. Within the next six months, close to forty thousand copies were sold. As Stevenson's biographer, Graham Balfour, wrote in 1901, the book's success was probably due rather to the "moral instincts of the public" than to any conscious perception of the merits of its art. It was read by those who never read fiction and quoted in pulpit sermons and in religious papers.[20] By 1901, it was estimated to have sold over 250,000 copies in the United States.[21]
Adaptations[edit]
Poster from the 1880s
Main article: Adaptations of Strange Case of Dr. Jekyll and Mr. Hyde
There have been numerous adaptations of the novella including over 120 stage and film versions alone.[22]
There have also been many audio recordings of the novella, with some of the more famous readers including Tom Baker, Roger Rees, Christopher Lee, Anthony Quayle, Martin Jarvis, Tim Pigott-Smith, John Hurt, Ian Holm, Gene Lockhart and Richard Armitage.
Illustrated versions[edit]
S. G. Hulme Beaman illustrated a 1930s edition.[23]
References[edit]
Jump up ^ Stevenson published the book as Strange Case of Dr. Jekyll and Mr. Hyde (without "The"), for reasons unknown, but it has been supposed to increase the "strangeness" of the case (Richard Dury (2005)). Later publishers added "The" to make it grammatically correct, but it was not the author's original intent. The story is often known today simply as Dr. Jekyll and Mr. Hyde or even Jekyll and Hyde.
Jump up ^ /ˈdʒiːkəl/ is the Scots pronunciation of the name, but /ˈdʒɛkəl/ is the accepted general pronunciation.
Jump up ^ "Noted - Futility Closet". Futility Closet.
^ Jump up to: a b c Saposnik, Irving S. "The Anatomy of Dr. Jekyll and Mr. Hyde." Studies in English Literature, 1500–1900 11.4, Nineteenth Century (1971): pp. 715–731.
Jump up ^ "Jekyll and Hyde definition | Dictionary.com". Dictionary.reference.com. Retrieved 28 May 2009.
Jump up ^ Swearingen, Roger G. The Prose Writings of Robert Louis Stevenson. London: Macmillan, 1980. (ISBN) p. 37.
^ Jump up to: a b Balfour, Graham (1912). The Life of Robert Louis Stevenson. II. New York: Charles Scribner's Sons. pp. 15–6. Retrieved 28 December 2012.
Jump up ^ Chantrelle, Eugène Marie; Smith, Alexander Duncan. Trial of Eugène Marie Chantrelle. Toronto, Canada Law Book Co.
Jump up ^ "Lamplit Vicious Fairy Land - Robert Louis Stevenson". Robert Louis Stevenson. Retrieved 2016-11-12.
Jump up ^ "Real-life Jekyll & Hyde who inspired Stevenson's classic". www.scotsman.com. Retrieved 2016-11-12.
^ Jump up to: a b c The Beast Within The Guardian, 13 December 2008
Jump up ^ Possibly with the help of cocaine, according to William Gray's revisionist history Robert Louis Stevenson: A Literary Life (2004). ISBN 978-0-333-98400-0
Jump up ^ "Queen of the mixed border". The Guardian. 17 June 2006.
Jump up ^ The Strange Case of Dr. Jekyll and Mr. Hyde, second edition.
^ Jump up to: a b c d Sanford, John A. Evil The Shadow Side of Reality. Crossroad (1981)
Jump up ^ "The Strange Case of Dr. Jekyll and Mr. Hyde: An Introductory Essay." Signet Classic, 2003
Jump up ^ Nightmare: Birth of Victorian Horror (TV series) Jekyll and Hyde (1996)
Jump up ^ Robert Louis Stevenson and His World, David Daiches, 1973
Jump up ^ "Edinburgh: Where Jekyll parties with Hyde". The Daily Telegraph. London. 25 July 1998. Retrieved 24 May 2010.
Jump up ^ Graham Balfour, The Life of Robert Louis Stevenson, volume II, pp 17-18
Jump up ^ Tim Middleton, Introduction to The Strange Case of Dr Jekyll and Mr Hyde: The Merry Men and Other Stories, Wordsworth Editions, 1993, pp. 9
Jump up ^ "Derivative Works - Robert Louis Stevenson". Robert Louis Stevenson.
Jump up ^ https://www.bl.uk/collection-items/illustrations-to-strange-case-of-dr-jekyll-and-mr-hyde-1930
Further reading[edit]
Borinskikh L. I. (1990c). "The method to reveal a character in the works of R.L. Stevenson [The Strange Case of Dr Jekyll and Mr Hyde]". In *** (ed.) The Problem of character in literature. Tchelyabinsk: Tchelyabinsk State University. Pp. 31–32. (In Russian, German and Hindi.)
Richard Dury, ed. (2005). The Annotated Dr Jekyll and Mr Hyde. ISBN 88-7544-030-1, over 80 pages of introduction material, extensive annotation notes, 40 pages of derivative works and extensive bibliography.
Paul M. Gahlinger, (2001). Illegal Drugs: A Complete Guide to their History, Chemistry, Use, and Abuse. Sagebrush Medical Guide. p. 41. ISBN 0-9703130-1-2.
Kathrine Linehan, ed. (2003). Strange Case of Dr Jekyll and Mr Hyde. Norton Critical Edition, contains extensive annotations, contextual essays and criticisms. ISBN 0-393-97465-0
External links[edit]
Wikisource has original text related to this article:
The Annotated Strange Case of Dr Jekyll and Mr Hyde
Strange Case of Dr Jekyll and Mr Hyde[1] from Internet Archive. Many antiquarian illustrated editions.
The Strange Case of Dr Jekyll and Mr Hyde at Project Gutenberg ver.1
"The Beast Within", Freudian fable, sexual morality tale, gay allegory – the novella has inspired as many interpretations as it has film adaptations. By James Campbell, The Guardian, 13 December 2008
1950 Theatre Guild on the Air radio adaptation at Internet Archive
Strange Case of Dr. Jekyll and Mr. Hyde public domain audiobook at LibriVox
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Robert Louis Stevenson's Strange Case of Dr Jekyll and Mr Hyde
Character
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Dr. Jekyll and Mr. Hyde (1908)
Dr. Jekyll and Mr. Hyde (1912)
Dr. Jekyll and Mr. Hyde (1913)
Dr. Jekyll and Mr. Hyde (1920)
Dr. Jekyll and Mr. Hyde (1920)
The Head of Janus (1920)
Dr. Pyckle and Mr. Pryde (1925)
Dr. Jekyll and Mr. Hyde (1931)
Dr. Jekyll and Mr. Hyde (1941)
The Son of Dr. Jekyll (1951)
Abbott and Costello Meet Dr. Jekyll and Mr. Hyde (1953)
The Daughter of Dr. Jekyll (1957)
The Doctor's Horrible Experiment (1959)
The Ugly Duckling (1959)
My Friend, Dr. Jekyll (1960)
The Two Faces of Dr. Jekyll (1960)
The Nutty Professor (1963)
Karutha Rathrikal (1967)
Dr. Jekyll and Sister Hyde (1971)
I, Monster (1971)
Dr. Jekyll y el Hombre Lobo (1972)
Dr. Black, Mr. Hyde (1976)
Dr. Jekyll Likes Them Hot (1979)
Dr. Heckyl and Mr. Hype (1980)
Docteur Jekyll et les femmes (1981)
Chehre Pe Chehra (1981)
Jekyll and Hyde... Together Again (1982)
Edge of Sanity (1989)
Dr. Jekyll and Ms. Hyde (1995)
Mary Reilly (1996)
The Nutty Professor (1996)
The League of Extraordinary Gentlemen (2003)
Van Helsing (2004)
The Strange Case of Dr. Jekyll and Mr. Hyde (2006)
The Mummy (2017)
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The Impatient Patient (1942)
Dr. Jekyll and Mr. Mouse (1947)
Motor Mania (1950)
Dr. Jerkyl's Hide (1954)
Hyde and Hare (1955)
Hyde and Go Tweet (1960)
Mad Monster Party? (1967)
Mad Mad Mad Monsters (1972)
The Pagemaster (1994)
The Strange Case of Dr. Jiggle and Mr. Sly (2004)
Van Helsing: The London Assignment (2004)
The Monster of Phineas-n-Ferbenstein (2008)
Hotel Transylvania (2012)
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Dr. Jekyll and Mr. Hyde (1988)
Jekyll and Hyde (2001)
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"Dr. Heckyll & Mr. Jive" (1983)
"Bubba Hyde" (1995)
Jekyll and Hyde (2003)
Jekyll & Hyde en Español (2004)
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Dr. Jekyll and Mr. Hyde (1887)
Dr. Jekyll and Mr. Hyde (1888)
Dr. Jekyll and Mr. Hyde, Or a Mis-Spent Life (1897)
Jekyll & Hyde (1990)
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Jekyll (2007)
Once Upon a Time (2011–present)
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Jekyll and Hyde (2015)
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Batman: Two Faces (1998)
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The Private Memoirs and Confessions of a Justified Sinner (1824)
Knots and Crosses (1987)
Mary Reilly (1990)
Radio
Dr. Jekyll and Mr. Hyde (1932)
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VIAF: 307173707
LCCN: n90662176
GND: 4390920-6
SUDOC: 030330823
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Tenth Amendment to the United States Constitution
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The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] It expresses the principle of federalism and states' rights, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people.
The amendment was proposed by Congress in 1789 during its first term following the Constitutional Convention and ratification of the Constitution. It was considered by many members as a prerequisite of such ratification[2] particularly to satisfy demands by the Anti-Federalism movement that opposed the creation of a stronger U.S. federal government.
In drafting this amendment, its framers had two purposes in mind: first, as a necessary rule of construction; and second, as a reaffirmation of the nature of federalism.[3][4]
Contents
[hide]
1 Text
2 Drafting and adoption
3 Judicial interpretation
3.1 Forced participation or commandeering
3.2 Commerce clause
3.3 Federal funding
4 See also
5 References
6 External links
Text[edit]
The full text of the amendment reads as follows:
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.[5]
The Bill of Rights in the National Archives
The hand-written copy of the proposed Bill of Rights, 1789, cropped to just show the text that would later be ratified as the Tenth Amendment
Drafting and adoption[edit]
The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "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."[6] After the Constitution was ratified, South Carolina Representative Thomas Tudor Tucker and Massachusetts Representative Elbridge Gerry separately proposed similar amendments limiting the federal government to powers "expressly" delegated, which would have denied implied powers.[7] James Madison opposed the amendments, stating that "it was impossible to confine a Government to the exercise of express powers; there must necessarily be admitted powers by implication, unless the Constitution descended to recount every minutia."[7] When a vote on this version of the amendment with "expressly delegated" was defeated, Connecticut Representative Roger Sherman drafted the Tenth Amendment in its ratified form, omitting "expressly."[8] Sherman's language allowed for an expansive reading of the powers implied by the Necessary and Proper Clause.[8][9]
When he introduced the Tenth Amendment in Congress, James Madison explained that many states were eager to ratify this amendment, despite critics who deemed the amendment superfluous or unnecessary:
I find, from looking into the amendments proposed by the State conventions, that several are particularly anxious that it should be declared in the Constitution, that the powers not therein delegated should be reserved to the several States. Perhaps words which may define this more precisely than the whole of the instrument now does, may be considered as superfluous. I admit they may be deemed unnecessary: but there can be no harm in making such a declaration, if gentlemen will allow that the fact is as stated. I am sure I understand it so, and do therefore propose it.[10]
The states decided to ratify the Tenth Amendment, and thus declined to signal that there are unenumerated powers in addition to unenumerated rights.[11][12] The amendment rendered unambiguous what had previously been at most a mere suggestion or implication.
The phrase "..., or to the people." was appended in handwriting by the clerk of the Senate as the Bill of Rights circulated between the two Houses of Congress.[13][14]
Judicial interpretation[edit]
The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."[15]
States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber Co.,[16] reads as follows:
The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
Forced participation or commandeering[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (November 2010) (Learn how and when to remove this template message)
The Supreme Court rarely declares laws unconstitutional for violating the Tenth Amendment. In the modern era, the Court has only done so where the federal government compels the states to enforce federal statutes. In 1992, in New York v. United States,[17] for only the second time in 55 years, the Supreme Court invalidated a portion of a federal law for violating the Tenth Amendment. The case challenged a portion of the Low-Level Radioactive Waste Policy Amendments Act of 1985. The act provided three incentives for states to comply with statutory obligations to provide for the disposal of low-level radioactive waste. The first two incentives were monetary. The third, which was challenged in the case, obliged states to take title to any waste within their borders that was not disposed of prior to January 1, 1996, and made each state liable for all damages directly related to the waste. The Court, in a 6–3 decision, ruled that the imposition of that obligation on the states violated the Tenth Amendment. Justice Sandra Day O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (e.g. by attaching conditions to the receipt of federal funds, see South Dakota v. Dole,[18] or through the commerce power (by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations.
In 1998, the Court again ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment in Printz v. United States.[19] The act required state and local law enforcement officials to conduct background checks on people attempting to purchase handguns. Justice Antonin Scalia, writing for the majority, applied New York v. United States to show that the law violated the Tenth Amendment. Since the act "forced participation of the State's executive in the actual administration of a federal program", it was unconstitutional.[19]
In 2012, in National Federation of Independent Business v. Sebelius,[20] Chief Justice John Roberts, writing for the Court, held that the Patient Protection and Affordable Care Act (commonly referred to as the ACA or Obamacare) improperly coerced the States to expand Medicaid. He classified the ACA's language as coercive because it effectively forced States to join the federal program by conditioning the continued provision of Medicaid funds on States agreeing to materially alter Medicaid eligibility to include all individuals who fell below 133% of the poverty line.
Commerce clause[edit]
In modern times, the Commerce Clause has become one of the most frequently-used sources of Congress's power, and thus its interpretation is very important in determining the allowable scope of federal government.[21]
In the 20th century, complex economic challenges arising from the Great Depression triggered a reevaluation in both Congress and the Supreme Court of the use of Commerce Clause powers to maintain a strong national economy.[22]
In Wickard v. Filburn (1942),[23] in the context of World War II, the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for "home consumption" on a farm – that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers. Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat.
In Garcia v. San Antonio Metropolitan Transit Authority (1985),[24] the Court changed the analytic framework to be applied in Tenth Amendment cases. Prior to the Garcia decision, the determination of whether there was state immunity from federal regulation turned on whether the state activity was "traditional" for or "integral" to the state government. The Court noted that this analysis was "unsound in principle and unworkable in practice", and rejected it without providing a replacement. The Court's holding declined to set any formula to provide guidance in future cases. Instead, it simply held "...we need go no further than to state that we perceive nothing in the overtime and minimum-wage requirements of the FLSA ... that is destructive of state sovereignty or violative of any constitutional provision." It left to future courts how best to determine when a particular federal regulation may be "destructive of state sovereignty or violative of any constitutional provision."
In United States v. Lopez,[25] a federal law mandating a "gun-free zone" on and around public school campuses was struck down because, the Supreme Court ruled, there was no clause in the Constitution authorizing it. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause. The opinion did not mention the Tenth Amendment, and the Court's 1985 Garcia opinion remains the controlling authority on that subject.
Most recently, the Commerce Clause was cited in the 2005 decision Gonzales v. Raich.[26] In this case, a California woman sued the Drug Enforcement Administration after her medical cannabis crop was seized and destroyed by federal agents. Medical cannabis was explicitly made legal under California state law by Proposition 215; however, cannabis is prohibited at the federal level by the Controlled Substances Act. Even though the woman grew cannabis strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own cannabis affects the interstate market of cannabis. The theory was that the cannabis could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and that was unlikely ever to happen (the same reasoning as in the Wickard v. Filburn decision). It therefore ruled that this practice may be regulated by the federal government under the authority of the Commerce Clause.
Federal funding[edit]
The federal system limits the ability of the federal government to use state governments as an instrument of the national government, as held in Printz v. United States.[19] However, where Congress or the Executive has the power to implement programs, or otherwise regulate, there are, arguably, certain incentives in the national government encouraging States to become the instruments of such national policy, rather than to implement the program directly. One incentive is that state implementation of national programs places implementation in the hands of local officials who are closer to local circumstances. Another incentive is that implementation of federal programs at the state level would in principle limit the growth of the national bureaucracy.[citation needed]
For this reason, Congress often seeks to exercise its powers by offering or encouraging States to implement national programs consistent with national minimum standards; a system known as cooperative federalism. One example of the exercise of this device was to condition allocation of federal funding where certain state laws do not conform to federal guidelines. For example, federal educational funds may not be accepted without implementation of special education programs in compliance with IDEA. Similarly, the nationwide state 55 mph (90 km/h) speed limit, .08 legal blood alcohol limit, and the nationwide state 21-year drinking age[18] were imposed through this method; the states would lose highway funding if they refused to pass such laws (though the national speed limit has since been repealed).
See also[edit]
State legislation in protest of federal law in the United States
States' rights
Tenther movement
References[edit]
Jump up ^ "The Bill of Rights: A Transcription". United States National Archives and Records Administration. Retrieved 20 September 2010.
Jump up ^ National Archives. "Bill of Rights". Retrieved March 7, 2016.
Jump up ^ Cooper, Charles. "Essay on the Tenth Amendment:Reserved Powers of the States". Retrieved September 11, 2014.
Jump up ^ Justice Robert F. Utter (2010-07-18). ""Freedom and Diversity in a Federal System: Perspectives on State Constitutions and the Washington Declaration of Rights" by Justice Robert F. Utter". Digitalcommons.law.seattleu.edu. Retrieved 2015-10-29.
Jump up ^ United States Government Printing Office. "Tenth Amendment – Reserved Powers – Contents" (PDF). GPO.gov.
Jump up ^ "Articles of Confederation from Yale University". Yale Law School Avalon Project. Retrieved 2008-12-16.
^ Jump up to: a b "House of Representatives, Amendments to the Constitution". University of Chicago. Retrieved 2007-12-16.
^ Jump up to: a b Bordewich, Fergus M. (2016). The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government. New York City, NY: Simon and Schuster. p. 130. ISBN 978-1451691931.
Jump up ^ Epps, Garrett. "Constitutional Myth #7: The 10th Amendment Protects 'States' Rights'". The Atlantic. Retrieved 2013-06-26.
Jump up ^ "Bill of Rights Documents: Document 11: House of Representatives, Amendments to the Constitution". The Founders' Constitution. University of Chicago. 8 June; 21 July; 13, 18–19 August 1789. Retrieved 19 June 2015.
Jump up ^ Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991): "The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time...."
Jump up ^ Calabresi, Steven; Prakash, Saikrishna (1994). "The President's Power to Execute the Laws". Yale Law Journal. 104. The message of the Tenth Amendment is that expressio unius est exclusio alterius applies to lists of governmental powers.
Jump up ^ Rollins, Henry Lawrence. "Henry Speaks On His Consciousness-Expanding Trip to the Library of Congress With Ian MacKaye". Retrieved 2011-11-16.
Jump up ^ Draft of Bill of Rights, September 9, 1789, U.S. National Archives and Records Administration, The Center for Legislative Archives, Senate Revisions to House-passed Amendments to the Constitution
Jump up ^ United States v. Sprague, 282 U.S. 716, 733-34 (1931).
Jump up ^ United States v. Darby Lumber Co., 312 U.S. 100, 124 (1941).
Jump up ^ New York v. United States, 505 U.S. 144 (1992).
^ Jump up to: a b South Dakota v. Dole, 483 U.S. 203 (1987).
^ Jump up to: a b c Printz v. United States, 521 U.S. 898 (1997).
Jump up ^ National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012).
Jump up ^ Epstein, Richard A. (2014). The Classical Liberal Constitution. Cambridge, MA: Harvard University Press. p. 13. ISBN 978-0-674-72489-1.
Jump up ^ Epstein, Richard A. (2014). The Classical Liberal Constitution. Cambridge, MA: Harvard University Press. p. 36. ISBN 978-0-674-72489-1.
Jump up ^ Wickard v. Filburn, 317 U.S. 111 (1942).
Jump up ^ Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
Jump up ^ United States v. Lopez, 514 U.S. 549 (1995).
Jump up ^ Gonzales v. Raich, 545 U.S. 1 (2005).
External links[edit]
CRS Annotated Constitution: Tenth Amendment, Cornell's Annotated Constitution
Tenth Amendment Center – works to preserve and protect Tenth Amendment freedoms through information and education.
Lindner, Doug. Exploring Constitutional Conflicts – explores some of the issues and controversies that surround the US Constitution
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VIAF: 181958530
LCCN: n97009335
GND: 4737121-3
Retrieved from "https://en.wikipedia.org/w/index.php?title=Tenth_Amendment_to_the_United_States_Constitution&oldid=838537725"
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