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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, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved ...
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. [36] Notably, the Tenth Amendment has been successfully utilized to nullify restrictive federal laws pertaining to gun rights, [37] immigration, [38] cannabis, [39] and more.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others. This philosophy heavily influenced the ...
t. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states ...
v. t. e. In United States constitutional law, the police power is the capacity of the states and the federal government to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. [1] Police power is defined in each jurisdiction by the legislative body ...
Home Rule in the United States. Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state ...
In 1872, the Alabama Supreme Court ruled that the state's ban on mixed-race marriage violated the "cardinal principle" of the 1866 Civil Rights Act and of the Equal Protection Clause. [30] Almost a hundred years would pass before the U.S. Supreme Court followed that Alabama case (Burns v. State) in the case of Loving v. Virginia.
Exclusive federal powers. Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising. [1] That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of ...