Talk on Amendement 10

Main Points

At nation's founding, we felt different about where Govt got authority than they did in Europe

• Europe believed in the Divine Right of Kings
• God made this man King
• We all have to do what he says
• America believed differently
• long history of self government
• Followed the ideas of British Philosopher John Locke
• Governments got their authority when they  delegated some of their rights to the gov't for enforcement

Founders wanted this fundamental principle of governance so well understood that they included the 10 amendment to the constitution.

• Federal Gov't has no power beyond that which is expressly given in the constitution
• Sadly, the 10th amendment may be the most ignored part of the constitution
• I did not take long for us to start ignoring it.

Treaty of Paris

• 1783, the treaty of Paris established the western border of the United States at the Mississippi
• The border did not extend quite to the mouth of river
• by 1800 the Mississippi was an important trade route

Details of the Louisiana Purchase

• In 1802 Spain gave a large part of North America back to France
• Jefferson worried that Napoleon would renew France's Imperial designs in North America
• Sent James Monroe to Paris to negotiate long-term access to the mouth of the Mississipi
• Monroe returns with what can only be termed the Deal of the Century
• Not just access to the mouth, but America could own the whole river
• Double the size of the nation
• Bargain price: 3 cents per acre
• To become law, the treaty needs three things
• President has to enter the treaty
• Congress has to ratify 
• House has to fund
• Might think Jefferson would be ecstatic--he was not
• Like most of the founders, Jefferson is a strict constructionist
• Believed strongly in the 10th amendment
• He knows that the Federal Government does not have the authority to make the purchase
• He is conflicted but has to make a decision

Ratification

• The treaty was ratified
• Jefferson, ignoring the 10th amendment entered the treaty
• The Senate, ignoring the 10th amendment ratified the treaty
• The House, ignoring the 10th amendment funded the treaty
• Jefferson sought to give retroactive validity to the Louisiana Purchase
• drafted a constitutional amendment to give the Federal Government such Authority
• However, there was no national will to pass the amendment
• The federal government had already demonstrated that it had the power--because it took it

The result of the Louisiana Purchase

• We often view the Louisiana Purchase as good for America--and it was
• 3 cents per acre seemed a small price to pay
• The true cost was much higher
• The purchased established a pattern for ignoring the 10th amendment for political expediency

Conclusion

• Founders sought to create a limited central government bound by the chains of the constitution
• The 10th amendment is an important chain in restricting federal power
• These change are wholly ineffective when we ignore them for the sake of convenience