10th Amendment
Reserved to the states respectively, or to the people
EDITOR’S NOTE:ย St. George Tucker was one of the most influential legal scholars of the early American republic. Hisย View of the Constitution of the United Statesย was the first extended, systematic commentary on the Constitution after it had been ratified by the...
The 10th Amendment is the Foundation
“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.” – Amendment X Thomas Jefferson considered these words, the Tenth Amendment, to be...
A Brief History of the Tenth Amendment
Excerpted from the paper, “James Madisonโs Celebrated Report of 1800: The Transformation of the Tenth Amendment” The historical precursor to the Tenth Amendment was Article II of the Articles of Confederation, which declared that, โEach state retains its...
The Original Meaning of an Omission
Editor’s Note: This scholarly study, “The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly” Delegated Power,” by Kurt T. Lash, is one of the finest examples of Tenth Amendment research available. It...