Which amendment is summarized as: 'States have the right to make their own laws (can give more rights not take more rights away)'?

Which amendment is summarized as: 'States have the right to make their own laws (can give more rights not take more rights away)'?

• A. First
• B. Tenth
• C. Ninth
• D. Eighth

Answer: (B)

State sovereignty and reserved powers are being tested here. The idea is that powers not given to the federal government belong to the states or the people, so states can set their own laws and may extend rights beyond what the federal constitution grants, as long as they don’t infringe on rights guaranteed at the federal level. This is exactly what the Tenth Amendment expresses: powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States or to the people. In practice, states can enact laws and protections that go beyond federal minimums, while still upholding the rights that the Constitution protects. The other amendments address specific protections: the First covers basic freedoms, the Ninth asserts that people retain rights not listed in the Constitution, and the Eighth bans cruel and unusual punishment.

State sovereignty and reserved powers are being tested here. The idea is that powers not given to the federal government belong to the states or the people, so states can set their own laws and may extend rights beyond what the federal constitution grants, as long as they don’t infringe on rights guaranteed at the federal level. This is exactly what the Tenth Amendment expresses: powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States or to the people. In practice, states can enact laws and protections that go beyond federal minimums, while still upholding the rights that the Constitution protects. The other amendments address specific protections: the First covers basic freedoms, the Ninth asserts that people retain rights not listed in the Constitution, and the Eighth bans cruel and unusual punishment.