Friday, November 27, 2015

How do the 9th and 10th limit the power of government

I assume that you are asking about the 9th and 10th Amendments to the Constitution of the United States and I have edited your question to reflect this.


The 9th Amendment says that



The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.



This means that we should not assume that the people do not have a right because that right is not listed in the Constitution.  In other words, it limits the power of government because it says that we should assume that the people have more rights rather than fewer rights.  This means that there are more restrictions on what the government can do to the people.  The more we restrict what the government can do, the more we limit its power.


The 10th Amendment says that



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.



This amendment limits the power of the national government more than it limits the power of the government in general.  This amendment was created because people worried that the national government would have too much power and the states would have too little.  The amendment means that powers belong to the states unless the Constitution explicitly says that they do not.  This reduces the power of the national government and increases the power of the states.

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