The Bill of Rights Tenth Amendment

Nakaya Jones December 11, 2014 7th period

The Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states receptively or to the people.

Court Case

McCulloch v. Maryland in 1819. McCullouh refused to pay taxes and fines, so Maryland took him to court. The case went all the way to supreme court. Marshall stated that Maryland couldn't tax a "National entity." The establishment of a National Bank and all of the actions necessary to reach that goal are not in direct violation of the Constitution. This was the first time the courts experienced the fact that federal government had more had more powers than those few explicitly spelled out in the constitution. The federal government won this case. The McCulloch v. Maryland decision also determined that states had no choice but to obey federal laws. The anti-federalist had feared a courts decision granting the federal government more power than explicitly specified in the Constitution and the ability to trump state law.

Bill of Rights Scenario

Jennifer and Katie have had an long relationship, and they want to spend the rest of their lives together. Although states regulate many of our rights. They can't be married in the state that they live in. The state provides weather same sex can be married or not.The national government does not control the states rules. When they went to find out what states they could be married in was 35 allowed same sex marriage and 15 states bans it. So a year later the couple got married in California where they allowed same sex marriages.