AF-separation-of-powers-Digital-20 - Flipbook - Page 25
10Th
considered as rules of thumb, required in order to
properly interpret the text of the Constitution.
In 1941, Justice Joseph Story, writing for the majority in
US v Darby, 312 US 100, at 124 (1941) examined the
text and purpose of the Tenth Amendment, stating,
The [Tenth] Amendment states but a truism that all
is retained which has not been surrendered. There
is nothing in the history of its adoption to suggest
that it was more than declaratory of the relationship
between the national and state governments … its
purpose was…to allay fears that the new national
government might seek to exercise powers not
granted, and that the states might not be able to
exercise fully their reserved powers.
From a historical perspective, having just fought and
won a revolution against Great Britain’s oppressive
monarchy, many Americans, including the political
leaders of that Era (1764 –1789) resisted the ratification
of our Constitution, which planned and embraced a
strong national government out of fear they would be
replacing one centralized abusive regime with another,
yet was silent on issues of individual rights, liberties,
and freedoms. The Tenth Amendment addressed the
concerns, declaring explicitly that the federal
government would be one of limited powers and each
state would retain its autonomy and would continue
regulating and governing over matters that take place
entirely within its borders. Matters that may be
exclusively regulated by states include real and
personal property rules, business entity rules, state tax
rules, public utilities, state crimes code, localized
emergencies, and local ordinances.
Supremacy Clause
and Police Powers
A
merica is a nation comprised of many governments.
Besides our federal government and the 50 state
governments, there are roughly 89,056 local
governments, including but not limited to, the District
of Columbia, county governments, city councils,
school districts, and special districts. During the 1787
Constitutional Congress, and arising out of a flaw in the
Articles of Confederation that created a nearly obsolete
federal government, a hierarchy of legal authority tied
to different units of government was devised to resolve
conflicts between federal laws and state laws (and
eventually applies to local laws, as well). This
hierarchy provides the basis for Article VI, Clause 2 of
the Constitution, i.e. the Supremacy Clause. It applies a
rule that invalidates any state law in direct conflict with
the Constitution, any federal law or treaty.
Essentially, the limited powers conferred to the federal
government by our Constitution places the federal
government in a superior position when it comes to
those specific powers. However, where those
enumerated powers end, the 10th Amendment springs
up, providing limitless powers, outside the scope of the
enumerated federal powers, to state governments. The
federal government is prohibited from usurping areas
of law. As James Madison explained, “[t]he powers
reserved to the several States will extend to all the
objects which, in the ordinary course of affairs,
concern the lives, liberties, and properties of the
people, and the internal order, improvement, and
prosperity of the State.”These reserved powers are
generally referred to as “police powers,” and they are
intended to provide for public safety, health,
education, and the general welfare of state residents.
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