How the Tenth Amendment Saved the Constitution, Contradicts the Modern View of Broad Federal Power, and Imposes Strict Limitations

Authors

Steven T. Voigt

Volume

64

Abstract

This paper challenges the position that the Tenth Amendment merely states an abstract concept and has no place in constitutional interpretation. The history of the Tenth Amendment portrays a much greater significance for this amendment. Not only did the Tenth Amendment likely save the Constitution and preserve the union, but it imposed very real restraints on federal power. The implication for modern courts is that the Tenth Amendment cannot be ignored. Far from just stating a truism, it sets forth a constitutional rule of interpretation that must be applied whenever the scope of any federal power is examined.

Recommended Citation

Steven T. Voigt, How the Tenth Amendment Saved the Constitution, Contradicts the Modern View of Broad Federal Power, and Imposes Strict Limitations, 64 Clev. St. L. Rev. Et Cetera 1 (2016)
available at https://engagedscholarship.csuohio.edu/etcetera/vol64/iss1/2