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Elizabeth Raum - The Tenth Amendment: States Rights

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Elizabeth Raum The Tenth Amendment: States Rights
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The Bill of Rights was written more than 200 years ago, but its still just as relevant and important today as it was back then. Readers will take a look at what caused the Tenth Amendment to be born and what effects the amendment has had through history and today.

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Read More Baxter Roberta The Bill of Rights Chicago Heinemann Library - photo 1
Read More
  1. Baxter, Roberta.The Bill of Rights. Chicago: Heinemann Library, 2013.
  2. Krull, Kathleen.A Kids Guide to Americas Bill of Rights. New York: Harper, 2015.
  3. Spier, Peter.We the People: The Constitution of the United States. New York: Doubleday, 2014.
Critical Thinking Questions Using details from the text describe how the - photo 2
Critical Thinking Questions
  1. Using details from the text, describe how the Tenth Amendment served to support the interests of the states.
  2. How does the chart on page 19 help clarify the Tenth Amendment?
  3. How would the United States be different if it did not have a strong federal government and governing was left entirely to the states?
STATES IN CHARGE Suppose you want to buy a new bike The price tag says 100 - photo 3
STATES
IN CHARGE

Suppose you want to buy a new bike. The price tag says $100. If you buy it in Rhode Island, youll have to add a 7 percent state sales tax. Your bike will cost $107. If you buy it in Montana, theres no sales tax. Your bike will cost exactly $100. Why is there a difference in the cost of your bike depending on where you purchase it?

As of 2017 only Alaska Delaware Montana New Hampshire and Oregon didnt - photo 4

As of 2017, only Alaska, Delaware, Montana, New Hampshire, and Oregon didnt have a statewide sales tax.

Sales taxes are determined by the states. One state may charge a sales tax. Another may not. States issue drivers licenses, gives them that power.


FAST FACT:

Powers not granted to the government are reserved for states and the people.

Each state establishes its own state police force WHAT CAUSED THE TENTH - photo 5

Each state establishes its own state police force.

WHAT CAUSED
THE TENTH AMENDMENT?
During the American Revolution 17751783 the colonies had formed a loose - photo 6

During the American Revolution (17751783), the colonies had formed a loose . The countrys first constitution, the Articles of Confederation, provided some basic guidelines for the new nation. After the United States won independence, it faced new problems. How would the United States defend its borders? There was no army or navy. What if two states disagreed on an issue? Who was in charge?

The states sent delegates to the Constitutional Convention in Philadelphia, Pennsylvania, in May 1787. The delegates decided to write a new constitution. Some wanted a powerful federal government. Others wanted most of the power to stay with the states. The constitution would determine the future of the country.

George Washington led the debate at the Constitutional Convention in 1787 - photo 7

George Washington led the debate at the Constitutional Convention in 1787.

Virginia landowner George Mason wanted to add a bill of rights to the Constitution that would give the people and the states certain rights. A judge and politician, Mason had written Virginias Bill of Rights. Other states had bills of rights as well. The delegates Masons idea for days. In the end, 39 of the 55 delegates voted to approve the Constitution without a bill of rights.

But before the Constitution could take effect, it had to be . Many opposed the new Constitution.


Cause #1: Many Leaders Feared a Powerful Central Government

Many leaders were against the Constitution. They believed that the Constitution gave too much power to the federal government. They feared that the United States would become like Great Britain. They didnt want a powerful government creating cruel laws or charging unfair taxes. They didnt want a second revolution.

FAST FACT:

Rhode Island refused to send delegates to the Constitutional Convention. Rhode Islands leaders feared they would lose power to the federal government.

Reasons for Missing Signatures

For a variety of reasons, several delegates did not sign the Constitution.

  • Delegate Patrick Henry (Virginia) - Felt it took away states rights
  • Delegate George Mason (Virginia) - Wanted a bill of rights
  • Delegate Richard Henry Lee (Virginia) - Wanted a bill of rights
  • Delegate Edmund Randolph (Virginia) - Not enough checks and balances among the three parts of the federal governmentthe president, Congress, and courts
  • Delegate John Lansing (New York) - Opposed to strong federal government
  • Delegate Robert Yates (New York) - Opposed to strong federal government
  • Delegate Elbridge Gerry (Massachusetts) - Wanted a bill of rights
  • Delegate Caleb Strong (Massachusetts) - Opposed to Electoral College, the group that elects the president and vice president after the general election
  • Delegate Luther Martin (Maryland) - Felt it took away states rights
  • Delegate John Mercer (Maryland) - Left in protest
Cause #2: The Constitution Seemed to Give Congress Unlimited Powers

Article I, section 8, of the Constitution listed the powers of Congress. The last item gave Congress the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers. It appeared to many state leaders that Congress could make whatever laws it wanted. State leaders feared that Congress might take away the rights of the people or the powers of the states.

Congress serves as the lawmaking body of the United States Powers vs - photo 8

Congress serves as the lawmaking body of the United States.


Powers vs. Rights
The Constitution gives certain powers to the government. The Bill of Rights grants certain rights to the people. What is the difference? A power is the ability to act as a legal authority. For example, the federal government has the power to declare war. A state has the power to issue drivers licenses and impose sales taxes. A right, on the other hand, is the legal permission to do something or to act in a certain way. Freedom of speech is a right given to the American people by the Bill of Rights. Generally, governments have powers. People have rights.
The right to protest peacefully is granted in the US Bill of Rights - photo 9

The right to protest peacefully is granted in the U.S. Bill of Rights.


Cause #3: The States Wanted to Serve the Needs of Their People

Each of the original 13 colonies was unique. The English had settled some areas. The Dutch and Germans had settled in others. People in various colonies spoke different languages. They practiced various customs. Religious beliefs varied from place to place. People did not consider themselves Americans. Their loyalty was to their states, not to their country. They were Virginians or New Yorkers. They believed their state leaders would make decisions serving their needs. They feared that a federal government would not understand their differing needs.

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