9 th and 10 th Amendments

9th and 10thAmendments By: Tyra Jones & Amy Sabon

Amendments 9 & 10 • 9th Amendment- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people • 10th Amendment- “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.” • 9th and 10th amendments are known by many as the federalism amendments.

The meaning behind the 9th amendment. • The Bill of Rights 9th Amendment states there are other rights, not mentioned in the document itself, but these rights cannot be taken away from anyone.

History of the 9th Amendment… • The 9th Amendment was added to the constitution on September 25, 1789. • Federalist didn’t want a Bill of Rights, due “too much limits on government power.” • Anti-Federalists wanted the Bill of Rights, to prevent increasing the power of the government.

History of the 9th Amendment… • This amendment is still used mainly to stop the government from increasing power, rather than limiting the power. • This amendment is also still used in courts to provide and enforce rights that are not mentioned in the constitution.

History of the 9th Amendment… • The 9th Amendment was added to let everyone be aware that there are also other rights,(unenumerated) that are just as important that we can still have without a say from the government.

Landmark Case • Griswold v. Connecticut –(1965) Supreme Court case involved a Conn. Law that prohibited the use of contraceptives. 7-2 law, Supreme Court invalidated this law, it violated “right to martial privacy,” a right unmentioned in the 9th Amendment, but still protected.

Landmark Case • Roe v. Wade –(1973) Jane Roe, unmarried and pregnant, didn’t have the right to abortion. But, supreme court decided Roe had personal liberty, privacy, 1,4,5,9,and 14 amendment rights that were violated, so the “no abortion law unless death of Mother” was invalidated by the Supreme Court.

Landmark Case • Miranda v. Arizona –(1966) • Ernesto Miranda was not explained his 5th and 6th Amendments rights after committing a crime. Lawyers argued that his confession should have been excluded, supreme court agreed, deciding police had not taken proper to inform Miranda of his rights.

The meaning behind the 10th Amendment… • It is a guarantee of the states rights. • These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles.

History of the 10th Amendment… • Added to the constitution , December 15, 1791 • Why did the Founding Fathers put the 10th Amendment into the Bill of Rights? -The explanation is that they don’t want the central government to become too powerful. They didn’t want a government that was located far away from their homes dictating how they lived their lives daily. They wanted as much power as possible to be retained in their local state legislatures.

History of the 10th Amendment… • Today the 10th Amendment idea of limiting the federal government power , has been weakened by many years of gradual changes in the view of what is and what is not a federal power.

History of the 10th Amendment… • The constitution designed the federal government to be a government of limited and enumerated, or listed powers. This means that the federal government only has powers over the things that are specifically given to it in the constitution. • All other powers are reserved to the states.

Landmark Cases… • McCullouch vs. Maryland -A Supreme Court case that took place in 1819. Although the constitution does not specifically give congress the power to establish a bank, it does not delegate the ability to tax & spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. Federal laws, Maryland had no power to interfere with the banks operation by taxing it. McCullouch won.

Landmark Cases • United States vs. Lopez- In this case the Supreme Court ruled that the Gun-Free School Zones Act of 1990, which forbade people from bringing guns into zones around schools, was unconstitutional because Congress had exceeded its authority granted in the Commerce Clause. Their reasoning was that the Commerce Clause gives Congress authority to regulate interstate commerce and not the region directly around local schools. The government contended that it had the right to regulate in this case because gun trade is an interstate activity, but the Court ruled that this was not an economic issue and that the law was, therefore, a violation of the 10th Amendment

Landmark Cases • Wickard v. Filburn- In a 1942 case called Wickard vs. Filburn, the Supreme Court ruled that the Congress could regulate wheat production on a family farm that was intended for use strictly on that farm, such as for personal consumption or animal fodder. The Court's reasoning was this: Congress mandated production quotas on wheat farmers to regulate the price and keep it steady. It did this under authority of the Commerce Clause which gave it permission to regulate interstate trade. Of course, a lot of wheat crosses state lines. If an individual would produce a substantial amount of wheat on his own farm and use it for himself, he would not be buying wheat on the market for his own use, or selling the wheat he grew on the market. Both of these things would affect the price of wheat on the market, and therefore, Congress had the authority to regulate it.

Landmark Cases • Garcia vs. San Antonio - A 1985 case called Garcia vs. San Antonio Metropolitan Transit Authority posed the question of whether or not the State of Texas could be forced to pay its employees according to Federal minimum wage guidelines. The state argued that this was a state matter that the Federal government had no jurisdiction over. The Court disagreed and said that the guidelines were not "destructive of state sovereignty or violative of any constitutional provision" so they were not in violation of the 10th Amendment.

References • www.revolutionary-war-and-beyond.com/10thamendment.html • www.Wikipedia.com • Score.rims.k12.ca.us • www.billofrightsinstitute.org • www.Pbs.org • www.Streetlaw.org • www.Law.com

9 th and 10 th Amendments