A Tenth Amendment Question...

[ihopehefails]

I know it says that any power not given to the federal government is granted to the states but what about powers granted to the federal government? Is any power given to the federal government also given to each state government as well?

 

[☭proletarian☭]

taxes, but not originally

 

[TheSuaveOne]

The ability to tax income, the ability to maintain a militia (the National Guard)...there are others, but I figured these would get a good start on the topic.

-TSO

 

[ihopehefails]

The ability to tax income, the ability to maintain a militia (the National Guard)...there are others, but I figured these would get a good start on the topic.

-TSO

Does the state have every power that the federal government has for everything? This is an important question because if it does then it means that the state is almost as powerful as the federal government. This would have wide implication for state sovreignty because it would make each state co-equals with the federal government.

 

[☭proletarian☭]

The ability to tax income, the ability to maintain a militia (the National Guard)...there are others, but I figured these would get a good start on the topic.

-TSO

Does the state have every power that the federal government has for everything?

no

 

[TheSuaveOne]

The ability to tax income, the ability to maintain a militia (the National Guard)...there are others, but I figured these would get a good start on the topic.

-TSO

Does the state have every power that the federal government has for everything?

No it doesn't, so that makes the rest of your post moot.

-TSO

 

[lawbuff]

I know it says that any power not given to the federal government is granted to the states but what about powers granted to the federal government? Is any power given to the federal government also given to each state government as well?

The 10th was meant to retain individual sovereignty among the states. Compare your state constitution's liberties with the federal, you will see, no doubt, you have a state right to trial by jury, freedom from Double Jeopardy, Counsel for a defense, a self incrimination clause, right to be free from unreasonable searches and seizures, etc., (emphasis added to all listings).

 

[lawbuff]

Does the state have every power that the federal government has for everything? This is an important question because if it does then it means that the state is almost as powerful as the federal government. This would have wide implication for state sovreignty because it would make each state co-equals with the federal government.

No, for example, a state can NOT coin money, as the feds can.

 

[ihopehefails]

Does the state have every power that the federal government has for everything? This is an important question because if it does then it means that the state is almost as powerful as the federal government. This would have wide implication for state sovreignty because it would make each state co-equals with the federal government.

No, for example, a state can NOT coin money, as the feds can.

That one I get because it does say that anything prohibitted to the states is illegal under the constitution but if it is not specifically prohibited does that mean the states can do everything else and does that include things the federal government can do?

 

[lawbuff]

Does the state have every power that the federal government has for everything? This is an important question because if it does then it means that the state is almost as powerful as the federal government. This would have wide implication for state sovreignty because it would make each state co-equals with the federal government.

No, for example, a state can NOT coin money, as the feds can.

That one I get because it does say that anything prohibitted to the states is illegal under the constitution but if it is not specifically prohibited does that mean the states can do everything else and does that include things the federal government can do?

The Constitution on its face does not say a state can not coin money, but that is reserved to the feds by law. A state can also not establish a post office system. Again there is nothing facially in the Constitution that forbids it, but it is established law, which amounts to the same thing.

Unless prohibited, meaning overturned by a court after legislative passage, it will stand as an implied power.

 

[ihopehefails]

No, for example, a state can NOT coin money, as the feds can.

That one I get because it does say that anything prohibitted to the states is illegal under the constitution but if it is not specifically prohibited does that mean the states can do everything else and does that include things the federal government can do?

The Constitution on its face does not say a state can not coin money, but that is reserved to the feds by law. A state can also not establish a post office system. Again there is nothing facially in the Constitution that forbids it, but it is established law, which amounts to the same thing.

Unless prohibited, meaning overturned by a court after legislative passage, it will stand as an implied power.

Why don't the states get implied powers?

 

[Kalam]

No. The reference is to rights possessed exclusively by the federal government, such as regulating foreign and interstate commerce, establishing post offices, declaring war, etc. See the first three articles, especially section 8 of Article I.

 

[Kalam]

I know it says that any power not given to the federal government is granted to the states but what about powers granted to the federal government? Is any power given to the federal government also given to each state government as well?

The 10th was meant to retain individual sovereignty among the states. Compare your state constitution's liberties with the federal, you will see, no doubt, you have a state right to trial by jury, freedom from Double Jeopardy, Counsel for a defense, a self incrimination clause, right to be free from unreasonable searches and seizures, etc., (emphasis added to all listings).

Thanks to the 14th amendment's incorporation doctrine.

 

[ihopehefails]

No. The reference is to rights possessed exclusively by the federal government, such as regulating foreign and interstate commerce, establishing post offices, declaring war, etc. See the first three articles, especially section 8 of Article I.

OK but most of those things have prohibitions against the states listed in the constitution and if is not prohibited then does that mean it is legal for the states to do? In other words the tenth amendment states that power not given to the federal government are reserved for the states but what about power given to the federal government. Can the states do those as well?