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The 10th Amendment to the Constitution reserves powers not given to the federal government and not prohibited to the states for the states or the people.

1791

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the 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."

When did the states ratify the 10th Amendment?

Congress proposed this amendment on September 25, 1789. Ratification was completed on December 15, 1791, when the 11th state, Virginia, approved the amendment, with 14 states in the Union at the time. New Jersey was the first state to approve, 56 days after the amendment was proposed. Connecticut was the last state to approve, 54,600 days after the amendment was proposed.

Virginia completed ratification of the 10th Amendment.

Date of ratification by state, 10th Amendment

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How has the 10th Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been 12 cases in which laws were struck down as unconstitutional under the 10th Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
CaseYear

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Methodology

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Page sources

USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.