What is the 10th Amendment?
1791
What is a constitutional amendment?
The constitutional amendment process is as follows:
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.
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?
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?
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
| Case | Year |
|---|---|
Murphy v. National Collegiate Athletic Association | 2017 |
National Federation of Independent Business v. Sebelius | 2011 |
Printz v. United States | 1996 |
New York v. United States | 1991 |
Hopkins Federal Savings & Loan Association v. Cleary | 1935 |
United States v. Butler | 1935 |
United States v. Constantine | 1935 |
A.L.A. Schechter Poultry Corp. v. United States | 1934 |
Bailey v. Drexel Furniture Co. (Child Labor Tax Case) | 1921 |
Hill v. Wallace | 1921 |
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Methodology
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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.