by Dr. Archie Jones, The American Vision
No fundamental provision of the Constitution or the Bill of Rights is more neglectedâ€”or thoroughly violatedâ€”today than the Tenth Amendment. It is violated in spirit and in practice. Its violation is advocated implicitly and explicitly: in the teaching of American history and government, in legal theory, in what passes for â€œConstitutional Law,â€ and in the functioning of everyday American politics and government.
Our Constitutionâ€”as the very words of the Tenth Amendment make clearâ€”was intended to be a delegated powers document. The states which formed and ratified the Constitution were free and independent statesâ€”nationsâ€”which delegated certain authority and powers to the new central or national government created by the Constitution. They delegatedâ€”and manifestly intended to delegateâ€”only those powers stated in the Constitution: and no more. They forbade themselves certain other powers which they also stated in Article I, Section 10 of the Constitution.Details