“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 Virginia, there was pretty fierce debate over the ratification of the Constitution. The principle of delegated and reserved powers – which eventually became the 10th Amendment – was a big focus of people like James Madison, George Mason, Patrick Henry,...
“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.” What does it mean, why did they think it was so important? And would we even have a...
While the Constitution was being considered in state ratifying conventions, prominent supporters of ratification repeatedly gave the people lists of powers that would be exclusively reserved to the people of the several states. Tench Coxe, James Iredell, Charles...
Recently published, in the Federalist Society Review, Robert Natelson (Independence Institute): More News on Powers Reserved Exclusively to the States (20 Fed. Soc. Rev. 92 (2019)). Here is the introduction (footnotes omitted): This essay updates and supplements an...
Last week, I appeared on the Sean Burke Show which airs on WSMN 1590 in New Hampshire. The interview was something of a back to the basics discussion on the Tenth Amendment and nullification. We talked about the purpose of the Tenth Amendment and why it was included...
Under the 10th Amendment, you’ll almost certainly find states that do things you disagree with. That’s the point. In a large country with a wide range of political, economic & religious viewpoints, there is no one-size-fits-all solution that “works.”...