By: Tyra Jones & Amy Sabon
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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.
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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.
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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.
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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.
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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.
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.
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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.
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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.
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.
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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.
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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.
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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.
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.
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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
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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.
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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.
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www.revolutionary-war-andbeyond.com/10thamendment.html
www.Wikipedia.com
Score.rims.k12.ca.us
www.billofrightsinstitute.org
www.Pbs.org
www.Streetlaw.org
www.Law.com