Thursday, January 30, 2014

A Reading Discussion involving the Articles and Disappointed Framers

The readings for this week focused at least in part on the Articles of Confederation and that document's weaknesses, and these are related to my topic of the Tenth Amendment. For example, under the Articles, Congress lacked the power to do many things, like collect taxes, control commerce, and make sure its laws were followed, among various other weaknesses (1). This led to a rather inefficient government, and early politicians were generally not pleased.
Therefore, in 1787, delegates from most of the thirteen states assembled in Philadelphia for what is known now as the “Philadelphia Convention” in order to “revise the Articles” (2). However, the product of this convention was a whole new document: the Constitution. The Constitution gave Congress increased powers, including the powers listed above that were not given by the Articles (3).

This episode relates to my topic because some state delegates felt that the powers given by the Constitution to Congress needed a limit, and this limit ended up being the Tenth Amendment, which says in essence that the federal government was limited to the powers specifically given to it within the Constitution; the others “are reserved to the States respectively, or to the people.” The Tenth Amendment was part of the Bill of Rights, which was necessary to sway some of the Antifederalists toward supporting the Constitution. The Antifederalists were afraid that the Constitution gave the federal government too much power; they wanted more power with the states (4). It is possible that they were afraid there would be a major power shift from Congress having a minimal amount of power to it having too much power. Therefore, it was agreed that if the Constitution was ratified, a Bill of Rights would be added that explicitly outlined which rights people would retain and, in the case of the Tenth Amendment, which powers the states would retain.

In conclusion, the Tenth Amendment, which is part of the Bill of Rights, is evidence of the argument there was over how much power should be given to the federal government. It was generally agreed upon that under the Articles of Confederation, Congress had not enough powers and was therefore ineffective. However, according to some, the Constitution gave the federal government too much power and undermined the States' authority. Thus, the Bill of Rights, including the Tenth Amendment, was added to the Constitution in order to help calm the fears of those who thought the national government had too much power, and therefore aided in the Constitution's ratification.

Bibliography:
1. Melvin I. Urofsky and Paul Finkelman, A March of Liberty: A Constitutional History of the United States, Volume 1: From the Founding to 1900 (Oxford: 2011), 119.
2. Ibid., 103. 
3. Ibid., 119.
4. Ibid., 121.

Saturday, January 18, 2014

By way of Introduction

The purpose of this blog is to discuss the meaning and implementations of the Tenth Amendment. This Amendment seems to imply that the powers not given to the Federal government by the Constitution are given to the States or the people. However, it may not be just that simple. There are several court cases that set a precedent as to how this Amendment should be interpreted; these will be considered as well.