LS500: Legal Methods and Process
The Tenth Amendment is one of the most important amendments of the constitution. It defines the powers between the government and the states. In this paper I will summarize the purpose of the Tenth Amendment, what powers are reserved for the federal government and the states, and what cases should be decided in state or federal court. Federal preemption will be discussed and where in the constitution federal preemption is stated. The last subject that will be discussed is the state’s police power.
The Tenth Amendment of the constitution is the last amendment in the Bill of Rights listed in the Constitution. Since the federal government only possesses those powers which are delegated to it, this amendment merely restates that all powers not delegated are in fact reserved to the States or to the sovereign people (Cooper, 2011). The Tenth Amendment reinforces the federal system created by the Constitution and acts as a bulwark against federal intrusion on state authority and individual liberty. The Framers of the Tenth Amendment h