Amendment 10
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 the people. (X)
What does this mean?
Well, let's take it into parts.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States[.]
This means power not given to the Federal Government via the Constitution or banned by the Constitution..
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[A]re reserved to the States respectively, or the people.
This means that the State & citizens in that State have the power to dictate those powers [i.e. it is a state law to have Road Signs not something the Federal Government has power over in the Constitution.]
Now, to put this broken-down sentence together:
Power not given to the Federal Government via the Constitution, or banned by the Constitution, is given to the State & citizens of the State.
What is this power?
A Ven Diagram over HERE showcases what power is given to the State & Federal Government.
For a detailed history of this Amendment, I'd recommend going over HERE.
To Summarize:
‣ Power not listed in the Constitution = Power is to State & Citizens of State.
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In what ways has President Trump & his administration done something that pertains to this Amendment:
As seen in the first above point - this Executive Order is a violation of the 10th Amendment - The Federal Government is attempting to tell the State Governments how to govern & if the States refuse to comply - they do not receive any Federal Funding aka that is above the 20% threshold the LATIMES article below mentioned.
Note: it was thought that President Trump withholding Federal Funding from Sanctuary Cities was Unconstitutional due to the 10th Amendment which gives local jurisdictions the right not to enforce federal mandates.
[the reason he wanted to withhold funding was due to States protecting undocumented citizens from deportation thus not following his Executive Order "Enhancing Public Safety in the Interior of the United States"]
However - according to LATIMES actually withholding funding isn't unconstitutional per se - but withholding more that 20% is.
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In what ways has President Trump & his administration done something that pertains to this Amendment:
UPDATE 25 APRIL 2017
1.
This order was meant to cut Federal Funding to States that would not assist/cooperate with immigration authorities. In California, a judge blocked this Executive Order.
As stated in this Amendment, if the power is not given to the Federal Government via the Constitution, the power is in the State Government's hands.
How does this Executive Order violate this Amendment?
The Federal Government is essentially telling/directing the State Government how to govern/do their job.
As mentioned by the United States District Court Northern District California:
[T]he Tenth Amendment requires that conditions on federal funds be unambiguous and timely made; that they bear some relation to the funds at issue; that the total financial incentive not be coercive.
Speedy Translation [Part 1]: Federal Government can't go waltzing its way through the states saying if you don't do xyz then say goodbye to all funding that doesn't even relate to xyz.
Speedy Translation [Part 2]: The Federal Government can't wave some money in front of States like HEY YOU SEE ALL THIS FEDERAL FUNDING, if you do what I say then you can get all of this funding- if not say goodbye to this greenery.
The Federal Government cannot take away federal funding that has no relation to immigration enforcement just because the jurisdiction [States] chooses an immigration enforcement that the President isn't chill with. (X)
Lastly:
The order has cause and will cause [counties] constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth...Amendment rights.
END OF 25 APRIL 2017 UPDATE
_____As seen in the first above point - this Executive Order is a violation of the 10th Amendment - The Federal Government is attempting to tell the State Governments how to govern & if the States refuse to comply - they do not receive any Federal Funding aka that is above the 20% threshold the LATIMES article below mentioned.
Note: it was thought that President Trump withholding Federal Funding from Sanctuary Cities was Unconstitutional due to the 10th Amendment which gives local jurisdictions the right not to enforce federal mandates.
[the reason he wanted to withhold funding was due to States protecting undocumented citizens from deportation thus not following his Executive Order "Enhancing Public Safety in the Interior of the United States"]
However - according to LATIMES actually withholding funding isn't unconstitutional per se - but withholding more that 20% is.
-If needed this will be updated from time to time.-
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Is there an Amendment you would like to know more of?
to be taken to a list & choose which one you would like to learn more about.
This is a series that is ongoing - Each Wednesday [ #WednesdayAmendment ] there will be an Amendment Explanation paired with what Trump & his administration have done that pertains to the Amendment discussed.
I didn't know anything about this to be honest. But it is great to learn more. Especially considering what is happening in the US right now. I would like to know more on the 2nd amendment coz it has sparked so much controversies! xx corinne
ReplyDeleteTo be fair, I actually didn't know that much about the Constitution as a whole prior to making this series (#WednesdayAmendment) hence the reason for the series - to educate myself and others on the rights given to the people in the Constitution! Given the status of the U.S. currently, it seems more or less an obligation to know what our rights are.
DeleteAh yes- the 2nd Amendment is always sparking controversies - prior to researching & learning about it I never really understood why. It was actually really interesting reading about the history and the reasons it was formed for. If you click the 'Click Here' at the end of the post it takes you to a list of the Amendments and you can click 'The 2nd Amendment' or you can click the tab 'Understanding the Constitution' instead.
It's a bit of a longer read than this one, but worth the read to learn why the 2nd Amendment was created! :)