{"id":442,"date":"2023-06-02T17:49:02","date_gmt":"2023-06-02T17:49:02","guid":{"rendered":"https:\/\/blogs.dalton.org\/theconstitution\/zohar-lindemann-the-tenth-amendment\/"},"modified":"2023-06-02T17:49:38","modified_gmt":"2023-06-02T17:49:38","slug":"zohar-lindemann-the-tenth-amendment","status":"publish","type":"post","link":"https:\/\/blogs.dalton.org\/theconstitution\/zohar-lindemann-the-tenth-amendment\/","title":{"rendered":"Zohar Lindemann- The Tenth Amendment"},"content":{"rendered":"\n<h3 class=\"wp-block-heading\">Video<\/h3>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<div class=\"entry-content-asset\"><iframe loading=\"lazy\" title=\"Zohar Lindemann- 10th Amendment\" width=\"600\" height=\"338\" src=\"https:\/\/www.youtube.com\/embed\/3MVFBpeGAHY?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<\/div><\/figure>\n\n\n\n<h3 class=\"wp-block-heading\">Written Component<\/h3>\n\n\n\n<p><p><span style=\"font-weight: 400\">Once the American colonists won the revolutionary war and gained their independence, the nation struggled to find a balance between the practical demands of running a large country and the ideals of freedom and individualism that they had so recently fought for. Many of the Constitution&#8217;s framers were afraid of creating yet another absolutist rule, feeling that offering too much power to a central government would leave the wants and needs of the common people forgotten. Other framers felt that the lack of a strong central government would result in political chaos. Many elements of the Constitution, which is largely considered a federalist document, are written with precaution to the fear that a central government would have the ability to completely overrule other political powers. For this reason, the framers deemed unnecessary the inclusion of a Bill of Rights, although numerous state constitutions had them at the time. To those drafting the Constitution, simply <\/span><i><span style=\"font-weight: 400\">entertaining<\/span><\/i><span style=\"font-weight: 400\"> the idea that the federal government would have the ability to overrule the natural rights of the people was considered dangerous. <\/span><span style=\"font-weight: 400\">The 10th Amendment ensures that there are thorough limitations on the federal government\u2019s power and that the rights of the State and of the individual are properly protected, with federal power extending only as far as the Constitution dictates it is able to.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400\">After the 1933 installment of the New Deal, a federal effort to stabilize the economy, the 10th Amendment became somewhat obsolete. However, in 1992, it regained its relevance as a consequence of the \u201cNew Federalism\u201d movement. Rober Schapiro asserts that for the benefit of the U.S. \u201cpolitically, socially, and morally,\u201d the 10th amendment should have remained neglected. In various instances, but most prominently throughout the Civil Rights Movement, the amendment has given states the ability to enforce racial inequality laws that contradict directly the rights outlined in other sections of the Constitution. Schapiro argues that in today\u2019s world, federal and state powers are so intertwined that the amendment\u2019s only purpose is to provide legal loopholes for states whose intentions dispute the core values outlined in the Constitution, providing a necessary \u201cbackstop\u201d for everything not mentioned.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400\">The debate around the interpretation of this text is illustrated in the Garcia v. San Antonio Metropolitan Transit Authority (SAMTA) case. Within the case, SAMTA claims that being an institution controlled by a state government, they are exempt from federal labor controls such as minimum wage and overtime requirements. Ultimately, the court ruled in favor of Garica, arguing that the \u201ctraditional\u201d function of a state government was subjective and that the structure of the federal system itself provided sovereign protection enough. Under the commerce clause, SAMTA was deemed subject to congressional legislation. This case serves as a demonstration of the ongoing debate over the role of a central government within the U.S.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Both the French and American revolutions can be considered as a test of the function that Enlightenment values serve within practical governments. With the French government often considered a failure, and the clear difficulties that the 10th amendment illustrates between federal and state power, the 10th amendment raises questions about the ability of radical Enlightenment ideas, such as Montesquieu\u2019s strong belief in the separation of powers, to function smoothly.<\/span><\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Once the American colonists won the revolutionary war and gained their independence, the nation struggled to find a balance&#8230;<\/p>\n","protected":false},"author":4592,"featured_media":431,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[507,21,171,508,26,172,505,106,19,504,506,503],"class_list":["post-442","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-10th-amendment","tag-amendment","tag-amendment-x","tag-anti-federalism","tag-constitution","tag-federalism","tag-lindemann","tag-tenth","tag-the","tag-zohar","tag-zohar-lindemann","tag-zohar-lindemann-the-tenth-amendment"],"_links":{"self":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/442","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/users\/4592"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/comments?post=442"}],"version-history":[{"count":0,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/442\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media\/431"}],"wp:attachment":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media?parent=442"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/categories?post=442"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/tags?post=442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}