The tenth amendment was proposed by the first United States Congress in 1789. It was then ratified on December 15, 1791, as part of the Bill of Rights. The amendment expresses the concept of federalism and states’ rights; the relationship between the Federal and State governments. It states that the federal government retains only those powers delegated to it by the constitution. The rest of the remaining powers are reserved for the people (Killenbeck, 2002). The sole purpose of the establishment of the amendment was to enumerate what was permissible for the federal government. It did not limit the actions of the state. As a result, America became the land of the free.
However, the founders felt that some force that came along with the government was necessary to provide domestic tranquility and collective defense. The constitution authorized the use of coercion by the federal government primarily while dealing with foreign governments, settling disputes among the states and collection of taxes. The government, therefore, grew gradually and almost imperceptible taking a little more freedom at a time from the people. The rapid growth of federalism was mainly instigated by certain events which pushed aside the limitations put in place by the founders. The first event was the Civil War of 1861 which had the government draft soldiers for the first time, jail those who spoke against the war and imprison citizens without trial. The progressive era, a period of widespread political reforms and social activism in the United States, was another event that established the concept that the federal government should actively solve apparent problems and direct the economy (Zimmerman, 2009).
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The 10th amendment was not given full force and effect because it encouraged avoidance of specific federal regulations including labor and environmental control. In addition, the federal government still had authority through implied powers and commerce clause.
References
Killenbeck, M. R. (2002). The Tenth Amendment and State Sovereignty: Constitutional History and Contemporary Issues . Lanham, MD: Rowman & Littlefield.
Zimmerman, J. F. (2009). Contemporary American Federalism: The Growth of National Power, Second Edition . Albany, NY: SUNY Press.
