Law & Legal & Attorney Government & administrative Law

The Tenth Amendment, Federalism and John Locke

The Tenth amendment

According to the tenth amendment, which is part of the bill of rights: "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."  This amendment follows Jefferson's "state authorities" doctrine, and it grants the states the power to control rights like freedom of religion and press. Jefferson acknowledged the limitations of the central government, and believed that local economy is better. The tenth amendment conflicts with the elastic clause, but these ideologies compromised and today the supreme court role is to interpret them.   

Federalism

The historic political conflict in the United States from 1787-1861 between the north, that supported a federal government, and the south that supported a more limited government. 

The United States Constitution established a new form of government, in which power is divided between a central government and the government of each state. The United States is a federation of independent states, and every part of the government – the president (executive branch), the congress (the legislature) and the supreme court (judicial body) – has a role balanced by the others. The power centers that influence the national, state and local life are distributed in such a way that the individual has enough power in society that no part has an ultimate authority. The state's right to act depends on the agreement of many individuals.       

John Locke (1632-1704)

Locke was an English scientist and philosopher who was involved in the conflict between the crown and the parliament. For a few years he was forced to leave England and fled to Holland. After returning to England, he proceeded with his political activities. Locke's ideas in "Second Tract of Government" include four main doctrines: doctrine of natural law, doctrine of natural rights, doctrine of the people's sovereignty and the right to rebel. His political views were that a natural state based on a social contract should be managed in the spirit of natural rights – all people were equal and independent. Locke believed that protecting property is a main goal of the governor. He also advocated governmental checks and balances and believed that revolution is not only a right but an obligation in some circumstances.

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