10th Amendment (1791) Limits on federal power
The 10th Amendment reserves undelegated powers to the states and the people, limiting federal reach and protecting local self-government.
10th Amendment (1791) – Power that stays with the states and the people
For anyone preparing for the USCIS civics test or studying American government, the Tenth Amendment is a foundation you should understand. It explains one of the most important parts of the U.S. system: the federal government has limited powers, and everything else stays with the states or the people.
This idea—called federalism—keeps power spread out so no central authority becomes too strong.
The Tenth Amendment is short, but its effect is huge. It’s one of the clearest statements in the Constitution that the government in Washington, D.C. is not meant to run every part of American life.
Plain-English summary of the Tenth Amendment
In simple terms:
If the Constitution does not give a power to the federal government, that power belongs to the states or to the people.
This creates a balance that protects local control, personal freedom, and the ability of communities to solve problems close to home.
What the Tenth Amendment actually says (short excerpt)
“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.”
In plain English: The federal government only has the powers the Constitution lists. Everything else stays local.
How the Tenth Amendment stops government overreach
What the federal government may NOT do
The federal government may not:
Take over state powers like schooling, local policing, or state elections
Claim “implied” authority to regulate everything
Use federal agencies to replace local decision-making
What citizens may freely expect
You can expect:
Local control over most life decisions
Different states trying different ideas
A federal government limited to its listed powers
Which branch is most affected
Congress is most directly limited, but the executive and courts must also respect these boundaries. States often challenge federal laws using the Tenth Amendment.
Everyday examples
States—not Congress—issue driver’s licenses.
States handle most criminal law.
Local communities control zoning and schools.
States manage public health rules and elections.
These differences are not mistakes—they are deliberate protections of freedom.
Historical story – the fight over “enumerated powers”
During the founding era, many Americans feared a national government that could grow without limits. Thomas Jefferson argued again and again that unless power was clearly listed in the Constitution, Washington must not assume it.
Later, in 1819, the Supreme Court decided McCulloch v. Maryland, a major case involving federal power. Even though the Court ruled broadly for federal authority, it still confirmed the Tenth Amendment principle: the Constitution creates a federal government of limited, listed powers.
The debate never fully ended, but the Tenth Amendment stays at the center of it.
Historical quote
James Madison wrote:
“The powers delegated by the proposed Constitution to the federal government are few and defined.”
That line captures the entire Tenth Amendment in one sentence.
How the Tenth Amendment appears on the USCIS civics test
One civics question asks:
Question: Under our Constitution, some powers belong to the federal government. What is one power of the federal government?
Answer: To print money; to declare war; to create an army; to make treaties.
Another asks about state powers.
Understanding the Tenth Amendment helps you see why those powers are divided at all.
Everyday life examples
If your local police department enforces laws, that’s state power at work.
If your property taxes go to a county or school district, that reflects local authority.
If two states choose very different ways to run schools, the Tenth Amendment allows it.
You see this amendment every day, even if you’ve never heard its name before.
Quick recap – what to remember about the Tenth Amendment
It limits the federal government to its listed powers.
It keeps most authority at the state and local levels.
It protects personal freedom through divided power.
It reflects the founders’ fear of centralized control.
Frequently Asked Questions about the Tenth Amendment
Does the Tenth Amendment stop all federal laws on local issues?
Not all. If the Constitution grants a federal power—like regulating interstate commerce—the federal government can act. But without a listed power, the federal government cannot step in.
Does the amendment protect individual freedom?
Yes. By dividing government power, it stops one central authority from dominating every part of life. Local control equals more room for personal freedom.
Do states have unlimited power?
No. States cannot break the Constitution, violate individual rights, or ignore federal powers that are listed.
Does the Tenth Amendment affect immigration?
Immigration is a federal power, so states cannot create their own immigration systems. But the Tenth Amendment still keeps other powers local.
Why do states have different laws from each other?
Because the Constitution allows states to govern themselves in most areas. The founders wanted variety, local decision-making, and competition of ideas.