What is tenth amendment

It is proposed to specify these areas expressly as the Union territory of Dadra and Nagar Haveli by amending the First Schedule to the Constitution. It is further proposed to amend clause 1 of article of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to make regulations for the peace, progress and good government of the territory.

The Bill seeks to give effect to these proposals. Under clause 1 of the article, a State is debarred from imposing such a tax when the sale or purchase takes place outside the State or in the course of import into, or export from, the country.

With regard to the first restriction, namely, the non-taxability of sales outside the State, an explanation is given in the clause that "a sale or purchase shall be deemed to have taken place in the State in which goods have actually been delivered as a direct result of such sale or purchase for the purpose of consumption in that State". Then, under clause 2 , a State is debarred from imposing the tax on inter-State sales except in so far as Parliament may otherwise provide.

Lastly, under clause 3 , Parliament is authorised to declare the goods which are essential to the life of the community, and when such a declaration has been made, any law made by a State legislature imposing a tax on the sale or purchase of those goods has to receive the President's assent in order to be effective. High judicial authorities have found the interpretation of the article a difficult task and expressed divergent views as to the scope and effect, in particular, of the explanation in clause 1 and of clause 2.

The majority view of the Supreme Court in the State of Bombay v. If we cannot secure all our rights, let us secure what we can. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

No law that would have been constitutional before the Tenth Amendment was ratified becomes unconstitutional simply because the Tenth Amendment exists. The only question posed by the Tenth Amendment is whether a claimed federal power was actually delegated to the national government by the Constitution, and that question is answered by studying the enumerated powers, not by studying the Tenth Amendment.

That was the understanding of the Supreme Court for nearly two centuries. Nonetheless, beginning in , a line of cases has emerged that seems to give substantive constitutional content to the Tenth Amendment. In , in Garcia v. San Antonio Metropolitan Transit Authority , a narrow majority of the Supreme Court held that a city was required to comply with federal labor laws, and that state sovereignty interests should be protected by the participation of states in the national political process, rather than by judicially-enforced principles of federalism.

However, while Garcia has never been explicitly overruled, in subsequent cases the Court has indeed found judicially-enforceable limits on the power of the federal government to regulate states and their political subdivisions directly. United States , forcing state or local executive officials to implement federal laws, Printz v. Dole Interestingly, the Tenth Amendment has not been invoked by the Court to protect individual citizens against the exercise of federal power.

Whether the Tenth Amendment actually is, or ought to be, serving as an independent source of constitutional principles of federalism is a matter of great controversy, both on and off the Court. When initially added to the United States Constitution, the Tenth Amendment stood as a reminder of the continuing importance of states and of the foundational role of the people.

The Amendment was significant not for the text it supplied, but for the structure it emphasized. That structure has evolved over time. Recently, the United States Supreme Court has sought to revive the Amendment, with unfortunate results. The Court has found in the Amendment a license to create new barriers to the exercise of national authority, barriers that lack foundation in the text or structure of the Constitution or in sound policies of federalism.

In the early part of the Twentieth Century, the Supreme Court relied on the Tenth Amendment in resisting expanded assertions of national power.

However, during the New Deal, Congress enacted a range of federal regulatory programs, such as Social Security, designed to stabilize the economy, protect workers, and promote the general welfare. Constitutional law. After a brief reemergence, the Tenth Amendment went back underground in , before returning, apparently to stay, in Good reasons existed for the disappearance of the Tenth Amendment.

Louis Adolfsen. To embed, copy and paste the code into your website or blog:. Could anything be clearer? Send Print Report. State Sovereignty. States Rights. Tenth Amendment. Waste Management. Civil Procedure.