Which amendment reserves powers not delegated to the United States by the Constitution, nor prohibited by it to the States, to the States or the people?

Which amendment reserves powers not delegated to the United States by the Constitution, nor prohibited by it to the States, to the States or the people?

• A. First Amendment
• B. Ninth Amendment
• C. Tenth Amendment
• D. Fifth Amendment

Answer: (C)

The idea being tested is how power is distributed between the national government and the states. The amendment that reserves powers not delegated to the United States by the Constitution, nor prohibited to the states, to the states or the people is the Tenth Amendment. It establishes the federalism principle that any powers not granted to the federal government and not forbidden to the states are left to the states or to the people. This makes it the best answer because it directly codifies where residual authority lies. The First Amendment, by contrast, enumerates specific individual rights and does not address who holds remaining governmental powers. The Ninth Amendment speaks to rights retained by the people that may not be enumerated in the Constitution, not to the allocation of powers between state and federal governments. The Fifth Amendment focuses on protections within criminal and governmental processes, such as due process and eminent domain, and likewise does not define the division of powers between levels of government.

The idea being tested is how power is distributed between the national government and the states. The amendment that reserves powers not delegated to the United States by the Constitution, nor prohibited to the states, to the states or the people is the Tenth Amendment. It establishes the federalism principle that any powers not granted to the federal government and not forbidden to the states are left to the states or to the people. This makes it the best answer because it directly codifies where residual authority lies.

The First Amendment, by contrast, enumerates specific individual rights and does not address who holds remaining governmental powers. The Ninth Amendment speaks to rights retained by the people that may not be enumerated in the Constitution, not to the allocation of powers between state and federal governments. The Fifth Amendment focuses on protections within criminal and governmental processes, such as due process and eminent domain, and likewise does not define the division of powers between levels of government.