The Tenth Amendment (Amendment X) of the
United States Constitution, which is
part of the
Bill of Rights, was ratified on
December 15, 1791.
The Tenth Amendment restates the
Constitution's principle of federalism by providing that
powers not granted to the national government nor prohibited
to the states by the Constitution of the United States are
reserved to the states or the people.
In 1997, the Court again ruled that the
Brady Handgun Violence Prevention Act
violated the Tenth Amendment. The act required state and local
law enforcement officials to conduct background checks on
persons attempting to purchase handguns.
Justice Scalia, writing for the
majority, applied New York v. United States to show
that the law violated the Tenth Amendment. Since the act
“forced participation of the State’s executive in the actual
administration of a federal program,” it was unconstitutional.
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According to the Tenth Amendment, the
government of the United States has the power to regulate only
matters delegated to it by the Constitution. Other powers are
reserved to the states, or to the people.
The federal system limits the ability of
the federal government to use state governments as an
instrument of the national government.
Florida must invoke its 10th
Amendment rights in the face of an out control Federal
I will Protect Your Rights and