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Week 10 one

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The Tenth Amendment is a very short one and it states the following; “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”. There can be conflicts of interests between the
federal government and the state governments. The United States constitution has ensured that
there are minimal chances of that happening.
Powers given to the States by the Constitution
There are different interpretations to this statement and we shall look at some of them in
this article. There are three responsibilities that the states are given by the constitution. These
include proposing amendments, electing Congress members and lastly maintaining state militia
groups.
Printz v. United States
Let us take the Printz v. United States in 1968. This was about the Gun Control Act. The
Constitution had prohibited the ownership of the firearms to people who would pose as security
risks to the society. These groups of people included convicted criminals, stalking suspects and
offenders, fugitives and people who are suffering from any form of mental disorder. The people
who have mental problems can appeal for the disability to be removed so that they can acquire
firearms. There was a move that was aimed at ensuring that the prohibited people could not in
any way acquire guns. The Brady Handgun Violence Prevention Act (1993) required that anyone
who wished to acquire a firearm should undergo a background check before ascertaining that he
was eligible. This act was rendered as unconstitutional and furthermore, a violation of the Tenth
Commandment.

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The state and local law enforcement agencies are the ones who were mandated with the
task of conducting these background checks. The Congress then moved in to enact the Brady Act
that required those who were acquiring firearms to be checked in a national background checking
system (Printz, 1998).
The contention came in through the following means. From the Brady Act, it is very clear
that the state directly gets involved in the federal government issues. Though this is temporary, it
still violates the Constitution. The person who wished to acquire a firearm had to fill in the Brady
form issued to him by the state law enforcers. The Brady form was a requirement by the federal
government so as to ascertain the eligibility of a person regarding owning a gun (Carter, 2012).
The state officials are the ones who are mandated to execute the federal government’s
tasks and this is unconstitutional. However, despite the fact that it is unconstitutional, something
has to be done regarding the gun laws. Otherwise, the whole process could be rendered useless
despite the fact that it is beneficial to the society and America as a whole. The answer to this type
of case is not by the constitutional context. The balance of power between the Federal
government and the State government seems to have been violated. The Tenth Amendment has
further gone to prove how unconstitutional the process is. The case proved that there must be a
correlation between these two organs of the government.
The Extradition Act (1793) required that executive authority of a state to cause an arrest
and delivery of a fugitive upon the request of the executive authority of the State from which the
fugitive fled from. This shows that there can be a relationship between the federal government
and the state government.
References
Carter, G. L. (2012). Guns in American society : an encyclopedia of history, politics, culture, and
the law. Santa Barbara, Calif: ABC-CLIO.

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The Tenth Amendment is a very short one and it states the following; “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”. There can be conflicts of interests between the federal government and the state governments. The United States constitution has ensured that there are minimal chances of that happening. Powers given to the States by the Constitution There are different interpretations to this statement and we shall look at some of them in this article. There are three responsibilities that the states are given by the constitution. These include proposing amendments, electing Congress members and lastly maintaining state militia groups. Printz v. United States Let us take the Printz v. United States in 1968. This was about the Gun Control Act. The Constitution had prohibi ...
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