The Tenth Amendment of the Bill of Rights put into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791. “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.” The amendment supports the notion of federalism by affirming that unless the constitution awards controls to the federal government within the detailed powers, then the power is kept to the people or the states. The states had their own bill of rights and constitutions and under the 10th Amendment slavery was still protected and considered legal in a couple of states. Throughout the Civil War it come to be aware that …show more content…
this structure was not practical and consequently the 14th Amendment extended the Bill of Rights making it applicable to the federal law and the states. The 10th amendment does not hold much power as it once did, although it still remains relevant. The 10th Amendment had a purpose to outline the formation and separation of power between the state government and federal government. Under this amendment it guards these powers from both bodies and was used to outline the federal regulations, federal taxing and federal police power. At a point in time the 10th amendment stated, if it is not in the constitution, the federal government could not pass it to the states. After some time, the power of the federal government has expanded through the help of the Supreme Court. The purpose of the 10th Amendment was to safeguard the US from undergoing an oppressive régime like that of the British parliament.
A government left with free reign caused concern among the American citizens with fears that civil liberties would be taken away. As such, the 10th amendment was drafted to guarantee the governing states would preserve their own power and to inhibit the federal government from denying the people their civil liberties. James Madison, who would later go on to become the nation's fourth President, introduced the 10th Amendment to Congress. He viewed the amendment as absolutely necessary in order to prevent the encroachment of federal power into the arena reserved specifically for the …show more content…
states. Bond v. United States “Carol Anne Bond was found guilty of trying to poison her husband's mistress, Myrlinda Haynes, with toxic chemicals at least 24 times over the course of several months. A grand jury in the Eastern District of Pennsylvania charged Bond with two counts of possessing and using a chemical weapon, in violation of a criminal statute implementing the treaty obligations of the United States under the 1993 Chemical Weapons Convention. The grand jury also charged Bond with two counts of mail theft. Bond's attorneys argue that the statute was intended to deal with rogue states and terrorists and that their client should have been prosecuted under state law instead. Bond, a laboratory technician, stole the chemical potassium dichromate from the company where she worked. Haynes was not injured. Bond's husband had a child with Haynes while married to Bond. Haynes had contacted police and postal authorities after finding the chemicals at her home. In September 2009, the U.S. Court of Appeals for the Third Circuit held that Bond lacked standing to challenge the constitutionality of the statute on the basis of the Tenth Amendment.” Decision In a unanimous decision, the Supreme Court found that Bond had standing to argue that a federal statute enforcing the Chemical Weapons Convention in this instance intruded on areas of police power reserved to the states. Garcia v. San Antonio Metro. Transit Authority The San Antonio Metropolitan Transit Authority (SAMTA), the main provider of transportation in the San Antonio metropolitan area, claimed it was exempt from the minimum-wage and overtime requirements of the Fair Labor Standards Act. SAMTA argued that it was providing a "traditional" governmental function, which exempted it from federal controls according to the doctrine of federalism established in National League of Cities v. Usery (1976). Joe G. Garcia, an employee of SAMTA, brought suit for overtime pay under Fair Labor Standards Act. Decision In a 5-to-4 decision, the Court held that the guiding principles of federalism established in National League of Cities v.
Usery were unworkable and that SAMTA was subject to Congressional legislation under the Commerce Clause. The Court found that rules based on the subjective determination of "integral" or "traditional" governmental functions provided little or no guidance in determining the boundaries of federal and state power. The Court argued that the structure of the federal system itself, rather than any "discrete limitations" on federal authority, protected state sovereignty. The concept behind the adoption of the 10th amendment was to lessen the power of the Federal government and to avoid a supreme-dominating rule which would power over the states and its people. The strong hold that the British monarchy had over the people was the main driver of this amendment. Functioning as a system of checks and balances, the 10th Amendment offers the states power which would inhibit the Federal Government from harvesting too much control and influence. Currently medical marijuana is creating a debate in respects to the 10th Amendment. As it stands now, there are 14 states which have executed marijuana laws that permit its use for medical purposes. The State has a lawful right to permit marijuana to be legalized, under the 10th Amendment. The disagreement ascends from the power of the Federal Government and their laws concerning illicit or controlled
substances. The separate rights of the States and the people should be protected under the 10th Amendment, safeguarding that no government body will take total supremacy of the country. In addition, the country should continue to operate in system of checks and balances to help distribute the control.
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
Throughout time there have been many amendments to the United States Constitution. Some have had little to no effect on the population. One amendment that this writer will take a look at is the Fourteenth Amendment. The wording of the amendment has been debated here recently but bottom line it abolished slavery. This amendment also made an attempt to equalize everyone that is born here in America or naturalized. The ripple effect of this change to the constitution is still being felt today. It is hard to imagine living in a world where the African American community was not considered equal to the white man. A ground breaking distinction in the language written out in the document was that of it applying on the federal level as well as the state jurisdiction. This is especially important as we see the civil union marriages have conflict
The nineteenth amendment has changed the way women were treated and looked upon.There are many ways the nineteenth Amendment has changed in a bad was, but most of them have made a positive impact. Some people went along with the 19th amendment but some people didn’t think it was a good idea. Some people don’t know what or how the 19th amendment changed positively for women. But this paper is gonna show you all the ways it has positively changed the way people view and act towards women.
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
Cannabis, since its discovery, has been used for recreational and medical purposes. It was seen as a drug that was “safe” and did put the body at risk but benefited it. However, this is not the case anymore because the government under I Controlled Substances Act (CSA) of 1970 law banned the use of the narcotic and has the right to persecute anyone who attains the substance. Nonetheless, the question is not whether the drug is “safe” to use but whether the States should have the power to regulate marijuana or the federal government should continue having the control over the drug. Since 1996, 23 states including Washington D.C have passed laws that have legalized the medical use of marijuana, yet the federal government does not protect or even recognize the rights of users or possessors. The debate over marijuana has picked up momentum and many would agree that all this uprising conflict can be traced back to the constitution and the flaws it presents. The constitution is blamed for not properly distributing the States and Federal powers. Although the federal government currently holds supremacy over marijuana, States should have the power to regulate the drug because under the 10th amendment the federal government only has those powers specifically granted in the constitution, Likewise the States have the right to trade within their own state under the Commerce Clause.
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nation by men who supported both the substantive powers of the new government and the protection of civil rights and liberties. If some of them had little zest for the amendments they voted for, they at least recognized the force of the popular demand and joined in satisfying it. The major task of Madison and his congressional associates was to place the amending of the Constitution high on the House of Representatives agenda, ahead of important bills that were to fill out the structure of government. With that achieved, the amendments submitted by Madison were taken up,debated and perfected with scarce a single move to weaken them. (Brant 223)...
Legalization of Marijuana has quickly become a controversial issue in America. In the United States, legalization of marijuana for medicinal purposes is spreading to the state level. For example, in November 1996, the people of California and Arizona voted to legalize marijuana for medicinal reasons. As a result of Proposition 215 in California, patients now smoke marijuana provided their physician recommends its usage. A prescription is not required, and marijuana continues to be illegal to prescribe. The Clinton administration responded that it “would not recognize these decisions, and would prosecute physicians who recommend or provide marijuana to their patients.” Although California and Arizona are the only two states to have already passed laws regulating marijuana usage, twenty-six states and the District of Columbia have laws and resolutions regarding marijuana usage. These laws and resolutions range from establishing therapeutic research programs, to allowing doctors to prescribe marijuana, to asking the federal government to lift the ban. Despite the states’ desires to have marijuana legalized for medicinal purposes, the US National Institutes of Health examined all existing clinical evidence about smoked marijuana and concluded that, “There is no scientifically sound evidence that smoked marijuana is medically superior to currently available therapies.”
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...