Abstract
This paper argues that the Tenth Amendment was a beneficial compromise between the Federalists and the Anti-Federalists, and as a result the Amendment is not a truism, but instead integral to securing state sovereignty and protecting the integrity of federalism. The paper begins by describing the historical context for the inclusion of the Amendment and the framers’ reasoning for its inclusion. The paper continues on to evaluate the Amendment from its conception until present day. The paper refutes the Amendment as a truism, displaying how the Supreme Court has significantly developed the relevance and use of the Amendment through two major time periods: the interwar period and the years following the Supreme Court case Schechter Corp. v. United States. A variety of Supreme Court cases, peer reviewed articles, and recently published news articles are employed to illustrate the Amendment’s development and relevance to federalism in the United States.
Highlights
Federalism-E is an online, undergraduate student-run journal focusing on the theory of federalism
Federalism-E is founded by the Royal Military College of Canada and the Institute of Intergovernmental Relations at Queen’s University Federalism-E Vol 20, No.[1] (2019)
Federalism-E publishes academic articles and essays focusing on federalism, multi-level governance, and intergovernmental relations
Summary
Federalism-E is an online, undergraduate student-run journal focusing on the theory of federalism. He believed that sacrifice was fair because the construction of the Constitution ensured the central government to be inclusive and to not overly inhibit state sovereignty, which he buttressed with his argument on checks and balances.[2] Hamilton was indirectly ignorant of the necessity of the Tenth Amendment, as he did not embody the same fears as the Anti-Federalists.
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