The 10th Amendment, which is one of the Amendments to the US Constitution in the Bill of Rights, was made law in 1791. Essentially, the 10th Amendment provides that the federal government possesses only those powers which the US Constitution grants to it, and any other powers are reserved for the states if those powers are not specifically denied to the states in the U.S. Constitution.
Based on a fair reading of that language, the consensus is that, if Congress refuses to act, then the states have the right to act in a policy area, such as education, healthcare, or the general welfare (such as emergency response, for example). This principle of governing does not mean that the states have the sole discretion to act in any policy area. It just simply means that the states can act if Congress refuses to act in any policy area.
State rights advocates mainly point to the text of the 10th Amendment and The Federalist Papers, as well as case law, to lend support to this principle of governing. For instance, if Congress refuses to act to address a crisis, such as an invasion or natural disaster, then the states undeniably have the right to act in place of Congress to address the problem or challenge.
Monday, November 18, 2019
What power does the Bill of Rights give Americans if Congress refuses to act?
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