10th Amendment
The Original Meaning of the Tenth Amendment and “Expressly” Delegated Power
In Loyola Law Review’s The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly” Delegated Power, Kurt T. Lash delved into the original meaning of the Tenth Amendment. The following is an overview of the paper, which is a must-read...
Reserved to the states respectively, or to the people
EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States 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 Madison’s 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, “Each state retains its...