"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."
The language of this amendment confuses me a bit, but let me see if I can tear it apart for clarification.
"The powers not delegated to the United States by the Constitution," obviously limits the Federal government's Power to only what is delegated in the Constitution (and BOR)...
it is the second phrase that gets me...
"nor prohibited by it to the States," "it" seems to refer to the Constitution, so the phrase could be re-written "nor prohibited by (the Constitution) to the States,"... so there are things in the Constitution that prohibit power to (or from) the States. What are those prohibited powers? Waging war is one I can think of.
and lastly... "are reserved to the States respectively, or to the people."... so if a power isn't granted to the Federal government by the Constitution or BOR... and the Constitution doesn't mention that the States can not have a certain power... then the Power is in the States... or if the States do not take the Power the People have it.
So... when the Constitution or BOR protects a certain right of the people, doesn't the 10th "prohibit" the State that Power?
The language of this amendment confuses me a bit, but let me see if I can tear it apart for clarification.
"The powers not delegated to the United States by the Constitution," obviously limits the Federal government's Power to only what is delegated in the Constitution (and BOR)...
it is the second phrase that gets me...
"nor prohibited by it to the States," "it" seems to refer to the Constitution, so the phrase could be re-written "nor prohibited by (the Constitution) to the States,"... so there are things in the Constitution that prohibit power to (or from) the States. What are those prohibited powers? Waging war is one I can think of.
and lastly... "are reserved to the States respectively, or to the people."... so if a power isn't granted to the Federal government by the Constitution or BOR... and the Constitution doesn't mention that the States can not have a certain power... then the Power is in the States... or if the States do not take the Power the People have it.
So... when the Constitution or BOR protects a certain right of the people, doesn't the 10th "prohibit" the State that Power?