Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is summarizing the foundational principles of the U.S. legal system for a new intern. When discussing how federal and state governments derive their powers, the paralegal explains that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people. This concept is primarily embodied in which amendment to the U.S. Constitution?
- ATenth Amendment
- BFourteenth Amendment
- CFirst Amendment
- DFifth Amendment
Show answer & explanationAnswer & explanation
Correct answer: A. Tenth Amendment
The Tenth Amendment to the U.S. Constitution explicitly states that '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 establishes the principle of reserved powers.
Why the other options are wrong
- B. The Fourteenth Amendment deals with citizenship, due process, and equal protection, primarily applying the Bill of Rights to the states.
- C. The First Amendment deals with freedom of speech, religion, press, assembly, and petition.
- D. The Fifth Amendment covers due process, self-incrimination, double jeopardy, and eminent domain.
Tenth Amendment
The amendment to the U.S. Constitution that reserves powers not delegated to the federal government to the states or the people.
- Part of the Bill of Rights.
- Establishes the principle of federalism.
- Limits the powers of the federal government.
- Provides a constitutional basis for states' rights.
Memory trick: Remember the Tenth for 'The Powers that Remain' for states.