Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

9th amendment and 10th amendment. =]?

what do they mean and how do they effect us today.



5 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    Both the 9th and 10th were intended to be rules of law that the federal government cannot exercise powers not granted to it. If you are challenging a federal law in federal court, and you are arguing that the law violates one of your "rights," then you do not have to explain which part of the Constitution refers to or describes the right you are talking about. The burden is on the federal government to justify its law and to prove that it does have the power in the Constitution to enact that law.

    The reason that those amendments affect us today is because the Supreme Court is still in the business of sometimes invoking the federalism principle when it strikes down certain federal laws. There are certain laws which the Court has disallowed Congress to make but those laws were not plausibly authorized by any of Congress's enumerated powers. But the Court's ruling does not prevent any or all states from making a law similar to the ones that the Court has struck down. For example, the Court struck down a federal law which prohibited carrying a gun near a school. The Court said that it makes no sense to claim that carrying a gun near a school has something to do with Congress's power to regulate interstate commerce. However, just because the Court struck down that federal law does not mean that the Court would also strike down state laws which also prohibit carrying guns near schools. State laws which do the same thing are still permissible laws under the Constitution.

    So, when the Court strikes down a federal law in the name of the 9th and 10th amendments, the Court is disempowering only one group of American lawmakers -- Congress. The state legislatures are not disempowered by the U.S. Supreme Court under those kinds of rulings. Hence, the Court is returning power from the federal government to the states.

  • Jim
    Lv 7
    1 decade ago

    The 9th amendment was the amendment cited in Rove v. Wade. The justices claimed that Americans have a right to privacy that is not enumerated in the Constitution, but should not be denied. This amendment basically says that just because a "right" is not specifically stated in the Constitution that does not mean that right should be denied.

    The 10th amendment says that when a right is not stated in the Constitution it is up to state governments to decide if it is a right in their state. When the Constitution was first written many states did not like the fact that a national government could impose certain laws on them. There is still an argument today that state governments should decide issues such as abortion, gay rights and other issues and not the federal government.

  • 1 decade ago

    Bear in mind that the first 10 ammendments to the constitutuion are refered to as the Bill of Rights. These two ammendments were our founding fathers way of protecting the citizens and the states from absolute control by the federal government or other states.

    9th Amendment

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

    In the constitution of the United States we certain rights specified (free speach, right to bear arms ect) The 9th Ammendments states that any other rights that may not denied the citizens based on the fact that they are not addressed in the constitution. (Just because we did not write it in here does not mean the citizens don't have that right also)

    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.

    As I said before to protect the states from undo control by the federal government or other states. When the constitution was written there were 13 states of which New York was the biggest there was a fear that the smaller states could be at some time loose there powers over their citizens and be controlled by a larger state. The constitution addresses state powers in many areas. This ammendment much like the 9th covers those powers not specified in the constitution and insures that if they are not listed that they would still be afforded to the state and it's citizens.

    These two are as important today as when the constitution was written and ratified, without them the rights of the citizens and the powers of the state could be denied simply because it is not listed in the constitution.

  • john k
    Lv 6
    1 decade ago

    Amendment IX

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

    Amendment X

    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: what the constitution does not specifically say as controlled by the government is controlled by the people

    10th: pretty straight forward: What isn't clearly the power of the Federal Government is the states or the peoples.

    Now reality Your State will do whatever the Federal Government wants, even if its something not in the Federal Governments power, or risk losing its Transportation Dollars, Education Dollars, ect. ect.

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    Into your favorite search engine, type

    Constitution of the United States

    Then read the 9rth and 10th Amendments.

    Then explain what they are saying, and reflect on how they effect us today.

    When you try to cheat on your homework, you're just going to flunk all your tests, and be a complete failure in life.

Still have questions? Get your answers by asking now.