Whereas the 10th Amendment to the Constitution of the
United States, ratified on December 15, 1791, states, “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.”;
Whereas the 10th Amendment expressly limits the powers of
the Federal Government to those delegated by the Constitution and reaffirms and
protects the freedom of the States to exercise those that are not;
Whereas the 10th Amendment reflects the opposition of the
Founding Fathers to a Federal Government with expansive powers; their intention
for the powers of the States to act as a check on those of the Federal
Government; and their concern that the Federal Government would attempt to
usurp powers intended to remain with the States;
Whereas James Madison, in The Federalist No. 45, wrote,
“The powers delegated by the proposed Constitution to the Federal Government
are few and defined. Those which are to remain in the State governments are
numerous and indefinite.”;
Whereas the Supreme Court, in United States v. Sprague,
282 U.S. 716 (1931), noted, “The Tenth Amendment was intended to confirm the
understanding of the people at the time the Constitution was adopted, that
powers not granted to the United States were reserved to the States or to the
people.”;
Whereas the Supreme Court, in Fry v. United States, 421
U.S. 542 (1975), also noted, “The Amendment expressly declares the
constitutional policy that Congress may not exercise power in a fashion that
impairs the States' integrity or their ability to function effectively in a
federal system.”; and
Whereas it is the responsibility of Congress to safeguard
the 10th Amendment and to recognize that it is as vital and valuable today as
on the date of its ratification: Now, therefore, be it
That the House of Representatives
recognizes the value and importance of the 10th Amendment to the Constitution
of the United States and reaffirms its commitment to safeguard and uphold the
10th Amendment.