Open AccessTenth Amendment
Author(s) -
Lucy Ackerman
Publication year - 2019
Publication title -
federalism-e journal
Language(s) - English
Resource type - Journals
ISSN - 2562-3435
DOI - 10.24908/fede.v20i1.13178
Subject(s) - supreme court , law , amendment , political science , federalism , state (computer science) , context (archaeology) , constitution , constitutional amendment , relevance (law) , compromise , substantive due process , sovereignty , politics , history , archaeology , algorithm , computer science
This paper argues that the Tenth Amendment was a beneficial compromise between the Federalists and the Anti-Federalists, and as a result the Amendment is not a truism, but instead integral to securing state sovereignty and protecting the integrity of federalism. The paper begins by describing the historical context for the inclusion of the Amendment and the framers’ reasoning for its inclusion. The paper continues on to evaluate the Amendment from its conception until present day. The paper refutes the Amendment as a truism, displaying how the Supreme Court has significantly developed the relevance and use of the Amendment through two major time periods: the interwar period and the years following the Supreme Court case Schechter Corp. v. United States. A variety of Supreme Court cases, peer reviewed articles, and recently published news articles are employed to illustrate the Amendment’s development and relevance to federalism in the United States.