Which amendment reserves powers to the states or to the people, allowing for potentially more rights?

Which amendment reserves powers to the states or to the people, allowing for potentially more rights?

• A. Ninth
• B. Tenth
• C. Eleventh
• D. Twelfth

Answer: (B)

Federalism is at work here. The Tenth Amendment says that powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people. This establishes that the federal government only has the powers the Constitution grants, while anything not listed can be handled by the states or by the people. That setup creates room for states to exercise powers beyond federal reach and for rights to arise or be protected at the state level, which is why it’s described as allowing potentially more rights. The Ninth Amendment, by contrast, protects rights retained by the people beyond those enumerated in the Constitution, but it doesn’t speak to reserving powers to the states. The Eleventh and Twelfth address different topics—so they aren’t about reserved powers to states or the people.

Federalism is at work here. The Tenth Amendment says that powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people. This establishes that the federal government only has the powers the Constitution grants, while anything not listed can be handled by the states or by the people. That setup creates room for states to exercise powers beyond federal reach and for rights to arise or be protected at the state level, which is why it’s described as allowing potentially more rights.

The Ninth Amendment, by contrast, protects rights retained by the people beyond those enumerated in the Constitution, but it doesn’t speak to reserving powers to the states. The Eleventh and Twelfth address different topics—so they aren’t about reserved powers to states or the people.