Amendment 10 of 27 · Bill of Rights · 1791
Tenth Amendment
Powers of the states
The one-line version
The federal government has only the powers the Constitution gives it. Other powers belong to the states or to the people.
The Tenth Amendment in plain English
Any power that the Constitution does not give to the federal government, and does not forbid the states from having, belongs to the states or to the people.
Original text, 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.
Phrase by phrase
The powers not delegated to the United States by the Constitution
- Powers the Constitution does not give to the federal government,
nor prohibited by it to the States
- and does not forbid the states from using,
are reserved to the States respectively, or to the people.
- belong to each state or to the people.
Picture it
Example. Not legal advice.
You want to know the driving age or the rules for getting married. Most of those rules come from your state, not from Washington, D.C. That is why they can change when you cross a state line. The drinking age is 21 everywhere mainly because Congress tied highway money to it, and the Supreme Court allowed that.
What this means for you
Two levels of government
The Tenth Amendment is the base of federalism, meaning the split of power between the federal government and the states. The federal government has only the powers the Constitution gives it. Other powers stay with the states or the people.
Why rules change at the state line
Many everyday rules come from your state. These include driving ages, marriage rules, most criminal laws, and school rules. That is why these rules can be different when you move or travel.
Limits on federal orders
The Supreme Court has said the federal government cannot order states or local officials to carry out federal programs. In Printz v. United States (1997), the Court said the federal government could not make local sheriffs run background checks for gun buyers. This rule is sometimes called anti-commandeering.
Federal law still wins in a conflict
The Tenth Amendment does not let a state ignore a valid federal law. When the two conflict, the federal law controls. Something can be legal under state law but still illegal under federal law.
Myth check
MythThe federal government can make any law it wants.
FactCongress can act only under powers the Constitution gives it, such as taxing and regulating trade between states. Courts decide where those limits are.
MythIf my state allows something, federal law can't ban it.
FactWhen a valid federal law and a state law conflict, the federal law wins. This rule comes from the Supremacy Clause in Article VI. Something can be legal under state law and still illegal under federal law.
Common questions
What does the Tenth Amendment say in simple terms?
It means the federal government has only the powers the Constitution gives it. Powers not given to the federal government, and not banned for the states, belong to the states or to the people.
What powers do states have under the Tenth Amendment?
It means states keep the powers not given to the federal government. These cover much of daily life, such as running public schools, writing most criminal laws, and issuing driver's licenses. In McCulloch v. Maryland (1819), the Court said federal powers also include what is necessary and proper to carry out the listed ones.
Can the federal government force states to enforce federal law?
Generally, no. Congress cannot order state legislatures to pass laws or order state officials to carry out a federal program. The Supreme Court held this in New York v. United States (1992) and Printz v. United States (1997). This is called the anti-commandeering rule. Congress can still offer money with conditions.
If my state allows something, can federal law still ban it?
Yes. When a valid federal law and a state law conflict, the federal law wins under the Supremacy Clause in Article VI. In Gonzales v. Raich (2005), the Supreme Court held Congress could ban growing marijuana at home even where a state allowed medical use.
Why is the drinking age 21 in every state?
Because Congress tied it to highway money. In South Dakota v. Dole (1987), the Supreme Court allowed this. Congress can withhold part of a state's federal highway funds if the state sets a lower drinking age. Each state passes its own drinking-age law.
Go deeper
The scene · 1791
In 1787, many Americans feared a strong national government. They had just fought a war against a distant government they could not control. States wanted a clear promise that the new federal government would stay limited. The Tenth Amendment, ratified in 1791, put that promise in writing.
Back then
The Articles of Confederation, the first national plan, said each state kept every power not "expressly delegated" to the national government. The Tenth Amendment left out the word "expressly." In McCulloch v. Maryland (1819), Chief Justice John Marshall pointed to that missing word. He said federal power can include more than what is listed word for word.
Words that changed
- “delegated”
ThenHanded over by the people to the government.
NowSame meaning. It refers to the powers the Constitution gives the federal government.
- “reserved”
ThenKept back or set aside.
NowSame meaning. Here it means powers kept by the states and the people.
Key cases
- 1819
McCulloch v. Maryland
Congress can use powers that are necessary and proper to carry out its listed powers, such as creating a national bank.
- 1987
South Dakota v. Dole
Congress can encourage states to set a drinking age of 21 by withholding part of their federal highway money.
- 1992
New York v. United States
Congress cannot order state legislatures to pass laws that carry out a federal program.
- 1997
Printz v. United States
The federal government cannot order local officials, such as sheriffs, to carry out a federal program.
- 2018
Murphy v. NCAA
Congress cannot order states to keep their bans on sports betting, so states can choose to allow it.
More history and context
The Tenth Amendment was ratified in 1791. It put in writing a principle many founders thought the Constitution already contained: the federal government has only the powers it is given. It was added to reassure people who feared a strong national government.
The Supreme Court has read the amendment differently over time. From about 1937 until the 1990s, the Court rarely struck down federal laws for overstepping federal power. In the 1990s, the Court began enforcing more limits, in cases such as New York v. United States (1992) and Printz v. United States (1997).
The amendment ends with the words "or to the people." Some scholars read this as a reminder that some powers belong to individuals, not to any government. Courts have not developed this idea much.
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