Former Texas Solicitor General Ted Cruz and Former Texas Supreme Court Justice Scott Brister outline the history of the 10th Amendment and the Founders’ intent:

This past year, the federal government has marched further and faster than ever toward control of the economy and our everyday lives. This would dismay our Founding Fathers, whose vision of a carefully limited federal government animated the Constitution.

The most explicit statement of limited government in the U.S. Constitution is the Tenth Amendment: “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.” Thus, any power that the Constitution does not affirmatively give the federal government, it does not have.

The Tenth Amendment embodied a revolutionary concept. Written just a few years after we had won our independence from Britain, the Constitution fundamentally changed the relationship between people and government.

For millennia, the source of power and authority had always been kings and government, and rights were seen as gifts by grace from the Monarch. The Constitution inverted that understanding, with sovereignty beginning in the American people – beginning with We the People – and power given to government only to a limited degree.

Read the entire piece here.


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