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The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. [1] It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement, with the federal government having the supremacy.
Cooperative Federalism involves a looser interpretation of the Tenth Amendment. More specifically, it supports the idea that the Tenth Amendment does not provide any additional powers to the states. [26] It operates under the assumption that the federal and state governments are "partners," with the federal creating laws for the states to carry ...
The 10th 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", has preserved the powers of the federal and state governments until present day since 1791. [3]
Notably, the Tenth Amendment has been successfully utilized to nullify restrictive federal laws pertaining to gun rights, [37] immigration, [38] cannabis, [39] and more. Additionally, organizations such as the Tenth Amendment Center seek to utilize the Tenth Amendment to achieve, " Liberty through decentralization ". [ 40 ]
The Tenth Amendment, Stevens explained, contains no additional limitations on federal power, serving merely to clarify that the Government has only those powers granted by the Constitution. [ 6 ] Stevens extolled the benefits of cooperative federalism . [ 6 ]
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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by 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."