The Tenth Amendment

Robert Scott

The Fancy Way It's Written In The Constitution

The powers not delegated to the United States by the Constitution,nor prohibited by it to the States respectively,or to the people.

The Easy To Understand Version

If the Constitution doesn't say anything on the subject,the state's and the people have the power to make the decision.

History Of The Tenth Amendment

When the Bill Of Rights was being added to the Constitution,it's creators realized that the Federal and State governments had some of the same powers.They both could collect taxes,hold elections,regulate businesses,and set environmental standards for the nation.So up popped a good question:Where do we draw the line between the Federal and State governments?Soon the Tenth Amendment would be drafted to fix that.

Surpreme Court Case:McCulloch Vs. Maryland 1819

In the McCulloch Vs. Maryland case,congeners had created a Second Bank of the United States in 1816.Many state governments had complained that this particular bank,placed in Baltimore,Maryland,was competing with other banks.Then,Maryland attempted taxing the bank,but the bank refused to pay.Maryland later decided to sue James W. McCulloch,who was a cashier at the bank.

The court eventually came to it's answer.They agreed that,"The power to tax involves the power to destroy,"and therefore a legal function of the federal government could not be taxed,for it would destroy the nation's government.In conclusion,Maryland could not tax the Second Bank of the United States.

Case Resource

Bartholomew, Paul C. "McCulloch v. Maryland." Dictionary of American History. Ed. Stanley I. Kutler. 3rd ed. Vol. 5. New York: Charles Scribner's Sons, 2003. 184. Gale Virtual Reference Library. Web. 10 Dec. 2015