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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 the federal system of freedom.[3][4]
Contents
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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."
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, 312 U.S. 100, 124 (1941), 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, 505 U.S. 144 (1992), 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, 483 U.S. 203 (1987), 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 (Printz v. United States, 521 U.S. 898 (1997). 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.
In 2012, in National Federation of Independent Business v. Sebelius (132 S.Ct. 2566 (2011)), 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.[15]
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.[16]
In Wickard v. Filburn (1942), 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), 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 514 U.S. 549 (1995), 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. 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, 521 U.S. 898 (1997). 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 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 e.g. South Dakota v. Dole, 483 U.S. 203 (1987).
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 ^ 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.
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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Moira Kelly
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This article is about the American actress. For the Australian humanitarian, see Moira Kelly (humanitarian).
Moira Kelly
Born
(1968-03-06) March 6, 1968 (age 50)
Queens, New York, U.S.
Occupation
Actress
Years active
1991–present
Spouse(s)
Steve Hewitt (m. 2000)
Children
2
Moira Kelly (born March 6, 1968) is an American actress. She is best known for portraying Kate Moseley in the 1992 film The Cutting Edge, as well as single mother Karen Roe on the teen drama One Tree Hill. She is also known for playing the role of Donna Hayward in Twin Peaks: Fire Walk with Me, replacing Lara Flynn Boyle in the prequel to the 1990 TV series Twin Peaks. Other roles include Dorothy Day in Entertaining Angels: The Dorothy Day Story, White House media consultant Mandy Hampton in the first season of The West Wing, and the voice of Simba's love interest Nala in The Lion King and its sequel The Lion King II: Simba's Pride. She also played Hetty Kelly and Oona O'Neill in Chaplin.
Contents
[hide]
1 Early life
2 Career
3 Personal life
4 Filmography
4.1 Film
4.2 Television
5 References
6 External links
Early life[edit]
Kelly was born in Queens, New York, a daughter of Irish immigrants. Her father, Peter, was trained as a concert violinist, and her mother, Anne, is a nurse. Kelly is the third of six children and was raised in Ronkonkoma. She was brought up as a Catholic.[1] Kelly attended Connetquot Senior High School in Bohemia, Long Island, graduating in the class of 1986. Later, she attended Marymount Manhattan College.
In her youth, Kelly was cast in a small role in her high school's 1984 production of Annie. Due to illness, the girl playing Miss Hannigan was replaced, causing a series of cast changes leading to her choice of career. A faithful Catholic, Kelly had to decide between acting and her childhood ambition of becoming a nun.[2]
Career[edit]
Kelly made her professional acting debut in the made-for-TV movie Love, Lies and Murder, playing as a teenage murderer. She went on to have small roles in the films The Boy Who Cried Bitch, Hi-Life, and Billy Bathgate before being cast as Donna Hayward in Twin Peaks: Fire Walk with Me. For that film, she went home and got permission from her priest because of an explicit sex scene.[2] In the same year, she starred opposite D. B. Sweeney in the romantic comedy The Cutting Edge and played two roles opposite Robert Downey, Jr. in Chaplin. According to a TV Guide interview, before taking on her role in Daybreak, Kelly once again asked her priest for advice: "Being a Catholic, I wondered if it would be against my religion to play a girl who has premarital sex." The priest told her "it was okay, as long as my artistic intentions were true and I wasn't doing it for the notoriety or the money."[3]
She has since appeared in the movies With Honors, Little Odessa, The Tie That Binds and Dangerous Beauty amongst others, and provided the adult voice of Nala in Disney's The Lion King, The Lion King II: Simba's Pride, and The Lion King 1½. In her independent film career, Kelly had the starring role of activist Dorothy Day in Entertaining Angels: The Dorothy Day Story and starred alongside Glenn Close in The Safety of Objects. She played Helen Keller in the made-for-TV movie Monday After the Miracle, which broadcast on November 15, 1998, on CBS.
Kelly starred in the CBS drama To Have & to Hold opposite Jason Beghe before playing Mandy Hampton in the first season of The West Wing. In 2003, Kelly began playing single mother Karen Roe on the teen drama One Tree Hill. She also directed two episodes of the series: "Resolve" (2007) and "I Slept with Someone in Fall Out Boy and All I Got Was This Stupid Song Written About Me" (2006).[citation needed] In the fifth season, she ceased to be a regular cast member, but made guest appearances in the 100th episode and the sixth-season finale. She has made guest appearances in television shows such as Heroes, Law & Order, and Numb3rs. Kelly has also appeared in the films Remember the Daze, A Smile as Big as the Moon and Taken Back: Finding Haley.
Personal life[edit]
In 2000, Kelly married Steve Hewitt, a Texas businessman. They have two children: daughter Ella (born 2001) and son Eamon (born 2003).[4] They currently live in Flower Mound, Texas.
Filmography[edit]
Film[edit]
Year
Title
Role
Notes
1991 Boy Who Cried Bitch, TheThe Boy Who Cried Bitch Jessica
Billy Bathgate Becky
1992 Thirty Below Zero Lucy Short
Cutting Edge, TheThe Cutting Edge Kate Moseley
Twin Peaks: Fire Walk with Me Donna Hayward
Chaplin Hetty Kelly / Oona O'Neill
1994 With Honors Courtney Blumenthal
Lion King, TheThe Lion King Adult Nala (voice)
Little Odessa Alla Shustervich
1995 Tie That Binds, TheThe Tie That Binds Dana Clifton
1996 Unhook the Stars Ann Mary Margaret "Annie" Hawks
Entertaining Angels: The Dorothy Day Story Dorothy Day
1997 Love Walked In Vera
Changing Habits Soosh Teague
Drive, She Said Nadine Ship
1998 Dangerous Beauty Beatrice Venier
Hi-Life Susan
Lion King II: Simba's Pride, TheThe Lion King II: Simba's Pride Nala (voice) Video
1999 Henry Hill Cynthia
2001 Safety of Objects, TheThe Safety of Objects Susan Train
2004 Woman Reported, AA Woman Reported Woman Short
Lion King 1½, TheThe Lion King 1½ Nala (voice) Video
2006 Two Tickets to Paradise Kate
2007 Remember the Daze Mrs. Ford
2014 Twin Peaks: The Missing Pieces Donna Hayward Deleted Scenes from Twin Peaks: Fire Walk with Me (1992)
Television[edit]
Year
Title
Role
Notes
1991 Love, Lies and Murder Cinnamon Brown TV miniseries
1993 Daybreak Blue TV film
1998 Monday After the Miracle Helen Keller TV film
To Have & to Hold Annie Cornell Main role
1999-00 West Wing, TheThe West Wing Mandy Hampton Regular role
2002 Hack Vanessa Griffin "My Brother's Keeper"
Twilight Zone, TheThe Twilight Zone Elizabeth Carter "Found and Lost"
2003-09 One Tree Hill Karen Roe Regular role
2008 Law & Order Katherine Donovan "Betrayal"
2009 Heroes Abby Collins "Building 26"
2010 Numb3rs Mary Paulson "Growin' Up"
2012 Smile as Big as the Moon, AA Smile as Big as the Moon Darcy Kersjes TV film
Taken Back: Finding Haley Karen TV film
2013 Drop Dead Diva Cindy Kasper "50 Shades of Grayson"
2017 Deadly Sorority Prof. Amy Thomas TV film
2018 Girl in the Bunker Madeline Shoaf TV film
References[edit]
Jump up ^ Giles, Jeff (1993-01-03). "Moira Kelly; Playing Two Roles in 'Chaplin' While Dreaming of Joan of Arc". The New York Times. Retrieved 2010-05-20. She is an ardent Roman Catholic...
^ Jump up to: a b Buchanan, Jason. "Moira Kelly > Biography". Allmovie. Rovi Corporation. Retrieved 2010-01-08.
Jump up ^ "A Message from Marrs". Archived 2009-10-22 at the Wayback Machine. This Rock. February 1993.
Jump up ^ "Moira Kelly".
External links[edit]
Moira Kelly on IMDb
"The Lion Queen": An Interview with Moira Kelly by Aaron Wallace at UltimateDisney.com
[hide]
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t
e
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2000: The West Wing, season 1/season 2
Hill
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2007: The Sopranos, season 6, part II
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WorldCat Identities
VIAF: 42040934
LCCN: no96006540
ISNI: 0000 0000 5924 8319
GND: 12957984X
BNF: cb14039374w (data)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Moira_Kelly&oldid=836790003"
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