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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.
After World War II, the Supreme Court often ruled against parties challenging the powers of Congress per the Tenth Amendment, with exceptions during the Rehnquist Court. [7] The Supreme Court continues to occasionally decide cases striking down federal laws that exceed both the explicit and implied powers of Congress, as in Murphy v.
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all ...
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."
In contrast, the Supreme Court interprets the Tenth Amendment as a default rule. In the absence of enumerated federal power, each state is the supreme sovereign of its own territory, but that this rule has no bearing on interpreting the scope of an enumerated federal power (e.g. the power to make uniform bankruptcy law).
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(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.