Constitution
Amendment 10: Powers Reserved to the States and the People
Text from National Archives. Explanation last updated September 29, 2026. How we check this
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In plain English
The Tenth Amendment says that 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.
It states the principle of federalism: the national government has only the powers the Constitution gives it, and the rest stay with the states or the people.
The text
As printed by the source cited at the end of this page, with its original spelling, capitalization and punctuation.
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.
Explained section by section
Delegated powers
The first part restates that the national government is one of enumerated powers, for example those listed in Article I, Section 8. If a power is not delegated, the federal government does not have it.
Reserved powers
The second part reserves the remainder to the states or the people. States are therefore the main source of general regulatory authority, often called the police power, over health, safety, education and family law.
What the amendment does not say
Unlike the Articles of Confederation, which reserved powers not “expressly delegated,” this text does not include the word “expressly.” The difference matters because the Constitution’s Necessary and Proper Clause and other provisions imply powers beyond the ones spelled out in detail.
Context and current status
The amendment was ratified on December 15, 1791. It answered a common Anti-Federalist worry that a strong national government would swallow the states, and Federalists were willing to write the principle down even though they argued it was already implied.
In United States v. Darby (1941) the Supreme Court called the amendment a “truism” that says nothing beyond the fact that the national government has only its delegated powers. In cases such as New York v. United States (1992) and Printz v. United States (1997), the Court instead read it as prohibiting Congress from commandeering state governments to carry out federal programs. Current textual status: unchanged and in force.
Terms to know
- Federalism
- A system that divides power between a national government and state governments.
- Enumerated powers
- The specific powers the Constitution lists for Congress and the national government.
- Police power
- The states’ general authority to regulate for public health, safety and welfare.
- Anti-commandeering
- The principle that Congress cannot force state governments to enact or administer federal regulatory programs.
Common misconceptions
“The Tenth Amendment lets states ignore federal laws they dislike.”
Article VI makes the Constitution and federal laws made under it the supreme law of the land. The Tenth Amendment limits what the federal government may do, not the supremacy of valid federal law.
How it connects
Links to related provisions and documents, with the reason each one matters here.
- Article IArticle I of the United States ConstitutionArticle I, Section 8 lists the powers delegated to Congress, the baseline the Tenth Amendment refers to.
- Article VIArticle VI of the United States ConstitutionThe Supremacy Clause explains why valid federal law prevails over conflicting state law even in a system of reserved state powers.
- Articles of ConfederationArticles of Confederation (1777)Article II of the Articles reserved powers not “expressly delegated”, wording the Tenth Amendment deliberately did not repeat.
Study check
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Sources and corrections
- Text: National Archives. Checked against the source on September 29, 2026.National Archives transcription of the engrossed Constitution, with original spelling and capitalization. The signature block and the Convention's interlineation note are not reproduced.
- The Bill of Rights: A Transcription — National Archives
- The Interactive Constitution: Tenth Amendment — National Constitution Center
Educational material, not legal advice. Spotted a mistake? Tell us; corrections change this page’s update date.