The Tenth Amendment says: "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." In Darby (1941) the Court called it "but a truism." Anti-commandeering showed one structural limit on Congress. This lesson asks a different question: when Congress regulates everyone, private employers and states alike, may it apply that law to the states themselves?
Why it works
Key idea
Worked example: Generally applicable law or command?
- The law regulates the state as an employer, the same way it regulates private employers. That is a generally applicable law (Garcia).
- Printz involved ordering state officers to administer a federal program aimed at private parties.
- Under current doctrine, the generally applicable law is valid if within the commerce power.
Answer: Valid under Garcia. Commandeering concerns orders to govern; general laws that happen to include states are different.
Worked example: Reading the Tenth Amendment
- The amendment lists nothing; it reserves whatever was "not delegated."
- So to know what is reserved, you must first know the scope of the delegated powers.
- That is why most Tenth Amendment cases are really about the reach of the commerce, taxing or spending powers.
Answer: The Tenth Amendment is a rule of construction about leftovers, not a list.
Common mistake
The "political safeguards" argument echoes Madison in Federalist No. 45 and Federalist No. 46, which argue that the states, closer to the people, would be well able to defend themselves within the political system. The Federal Farmer doubted it, fearing consolidation. See the ratification debate page.