The Ever Scary 10th Amendment: What it Really Means

by Holli Carter

The 10th Amendment seems to be a point of contention. Many of our statist friends say that this amendment give the federal government free rein to do whatever it wants, citing the part “not prohibited to it” to mean that it is referring to the Federal Government. But, take a moment to apply basic English rules to it, and you’ll see this is in error.

 

Here is the text, in whole:
“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.”

So, we see that we can take out the part offset by commas as it would read: The powers not delegated to the United States by the Constitution are reserved to the States respectively, or to the people.”

Easy Peasy! If the powers are not delegated to the US, they are to remain with the states or people. BUT WAIT, THERE’S MORE!

This is where it gets dicey. Statists want the offset portion to be highlighted!! “See?” they say, “If they are not outlined OR if they are not denied specifically to the feds, they can do it!!”

.

 

Keep your pantyhose on! Let’s delve into that.

Here is the offset part: “nor prohibited by it to the States”. Oh, whoops. Looks like our statist friends didn’t take enough English classes to understand complex sentence structures.

This reads: “nor prohibited by it [“it” means the US Constitution] TO THE STATES. As Scooby-Doo says, “Ruh-roh!”

The following four statements identify that which is for the feds to do, and that which is for the states:

If a thing is not delegated to the United States Congress, it goes to the states and people. (These are few and defined, and found in Article I for a full list of items they are in charge of handling.)

Regarding the states, if it’s not denied to the states, it belongs with the states and people. (This list is almost endless, save the few things denied to them in Article I – such as making treaties with foreign countries.)

The only thing left for the feds to do is that which is specifically delegated to them by the Constitution, and nothing more.

Thus, the next time a statist says to you, “I don’t see the word healthcare in the Constitution!” You can say, “Exactly!” Maybe you will have time for a quick English lesson or two for them.

Any questions?

 

 

Holli Carter is a Christian, Wife, Mom, and Constitutional Scholar – in that order. She is the author of “The Declaration Made Easy” which is available for sale by clicking below. Please support her by purchasing her book!

Reaffirming Texas’ sovereignty under the Texas Constitution and the Tenth Amendment to the U.S. Constitution.

This Non-Binding Resolution was introduced on March 7th, 2013 by Representative James White who represents Hardin, Jasper, Newton, Polk, and Tyler counties. Once you’ve read the text, feel free to comment below!

Representative James White

By:  White                                       H.C.R. No. 77

CONCURRENT RESOLUTION

WHEREAS, The Republic of Texas existed as an independent nation for nine years, and when it accepted admission to the Union in 1845, it remained a free and independent state subject only to the United States Constitution; and

WHEREAS, The United States Congress has passed laws requiring Texas to make expenditures that are unfunded by the federal government, which is a violation of the Tenth Amendment to the U.S. Constitution; moreover, the federal government has caused the intentional devaluation of its currency through its reckless spending and borrowing, and this threatens the economic stability of Texas; and

WHEREAS, The United States government has allowed the use of its authority, credit, and goodwill for the benefit of private and foreign concerns in violation of its own constitution; in addition, its repeated failure to guard the border between Texas and Mexico has forced the state to spend vast sums in order to protect its citizens; and

WHEREAS, The federal government has further implemented thousands of laws, mandates, and agencies in violation of the United States Constitution and of the sovereignty of the State of Texas; and

WHEREAS, Section 1, Article I, Texas Constitution, states that “the perpetuity of the Union depend[s] upon the preservation of the right of local self-government, unimpaired to all the States”; Section 2, Article I, declares, “All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient”; now, therefore, be it

RESOLVED, That the 83rd Legislature of the State of Texas hereby reaffirm the state’s sovereignty under the Texas Constitution and the Tenth Amendment to the Constitution of the United States; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the president of the Senate and the speaker of the House of Representatives of the United States Congress, and to all the members of the Texas delegation to Congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.

What do you think about this resolution? Is it a necessary message to Washington? An overreach? Somewhere in the middle? Your opinion is wanted! Comment below!

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