is an example of power that should be “reserved” to the states under the Tenth Amendment?
The U.S. Supreme Court has ruled that much legislation dealing with the regulation of guns is a power properly reserved to the states. In Printz v. United States (1997), the Court struck down parts of a federal law that required local officials to conduct background checks on individuals purchasing handguns. The Court ruled that, under the Tenth Amendment, the federal government could not force the states to administer this federal program because it infringed on an area “reserved” for the states under the Tenth Amendment.
The U.S. Supreme Court has determined that gun laws for citizens should be mostly regulated at the state level (iStock).
What does the Tenth Amendment have to do with the concept of federalism?
Federalism refers to the division of power between the federal and state governments. Members of the United States Supreme Court vehemently disagree over the proper conception of federalism. The Tenth Amendment plays a large role in federalism by specifically referring to the principle that certain powers not given to the national, federal government are “reserved” to the states.
FOURTEENTH AMENDMENT
Why is the Fourteenth Amendment sometimes called a Second Bill of Rights?
The Bill of Rights—the first ten amendments of the Constitution—only protects individuals from the federal government. The beginning of the Bill of Rights refers only to “Congress shall make no law.” This refers to the U.S. Congress, which was quickly interpreted by the U.S. Court to mean all three branches of the federal government—not just Congress.
However, in the 1833 decision on Barron v. Baltimore, Chief Justice John Marshall for a unanimous Court wrote that the Bill of Rights only limited the federal government, not the state governments. This meant that individuals harmed by their state or local governments could not state a claim under the U.S. Constitution’s Bill of Rights. Rather they had to assert a claim under their own state constitution.
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