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The Tenth Amendment has been invoked only on rare occasions. The Supreme Court held in United States v. Sprague,(1931) that:

"The Tenth Amendment added nothing to the Constitution as originally ratified, and lends no support to the contention that the people did not delegate this power to Congress in matters affecting their own personal liberty."

The Tenth Amendment was used to challenge New Deal legislation in United States v. Darby Lumber Co., (1941), when Darby Lumber sought to have the federal Fair Labor Standards Act of 1938 declared unconstitutional on the grounds that the federal government wasn't authorized to regulate companies that operated entirely within a State's borders (i.e., intrastate). The Supreme Court unanimously held the (Interstate) Commerce Clause allowed Congress to regulate all labor to prevent unfair trade practices between the states. This decision overturned earlier precedents that permitted the states more leeway to regulate commerce and labor.

Since that time, the Supreme Court has only upheld two Tenth Amendment challenges against the federal government, in New York v. United States, (1992), involving an unfunded mandate; and again in Printz v. United States, (1997), overturning the Brady Handgun Violence Prevention Act on the grounds that it unconstitutionally required state officials to enforce a federal program. The Second Amendment had not yet been incorporated to the states in 1997.

The Tenth Amendment has previously been held non-justiciable, but that hasn't stopped litigants from citing the vague wording to support arguments favoring State sovereignty over federal authority. Tenth Amendment proponents believe the Constitution only grants the national government authority that is explicitly enumerated in the Constitution, and believe "implied powers" are unconstitutional.

In the 2010 Term, the Supreme Court heard arguments in the case United States v. Bond, 09-1227, in which the respondent argued the Federal government had exceeded its authority by charging her in federal court with a crime under 18 U.S.C. § 229(a), a law "enacted by Congress to implement the United States' treaty obligations under an international arms-control agreement that prohibits nation-states from producing, stockpiling, or using chemical weapons..." after she attempted to poison her husband's pregnant lover. Bond believed the case should have been tried in the State courts and challenged the United States' authority to remove her case to federal court. The Supreme Court is expected to make a decision before the end of June 2011.

The health care legislation often referred to as "Obamacare" (Patient Protection and Affordable Care Act of 2010) is also expected to face a Tenth Amendment challenge.

Amendment X

"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."

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13y ago
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14y ago

for example the red light and were supposed to stop even though it's not written down in the constitution, we still supposed to do it.

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11y ago

Roe v. Wayde (Abortion)

Lawrence v. Texas (Homosexual Conduct law)

Griswold v. Connecticut (Birth Control)

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Q: What are some US Supreme Court cases involving the Ninth Amendment?
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Which provision of the Constitution was used by the Supreme Court in deciding that Americans had a right to marital privacy?

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Which amendment states that the people have rights other than those specifically mentioned in the constitution?

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