The 10th Amendment to the Constitution says, “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.” Powers delegated to the Federal Government include these major areas: National defense, Border security/Immigration, Regulate commerce with foreign nations, Post Office, Regulate currency, and Borrow funds. Today, the Federal Government is seeking to expand its control over numerous matters not mentioned in the Constitution and take away freedoms guaranteed therein. For example, they require you to wear a mask, prohibit the operation of various traditional businesses, allow private businesses to unlawfully censor free speech and restrict the second amendment right to bear arms.
This illegal power grab may inadvertently result in a renewal of the 10th Amendment by the states. Alaska, Idaho, Utah, Wyoming, Nebraska, and Counties in 14 other states have passed laws which provide protection against 2nd amendment restrictions by the Federal Government. These ordinances tell the Federal Government that the county or state does not support gun control and that it will not be enforced, even if it becomes law. Texas, Arizona, and other states are considering similar state legislation, currently.
If states begin to push back through state legislation against unauthorized and unconstitutional actions by the Federal Government, it may lay a ground work for renewal of the 10th Amendment. Even the sanctuary cities and states are exercising their rights against the 10th Amendment, albeit for the improper issue of border security and immigration which are specifically enumerated powers given to the Federal government. As long as States make laws that address matters not delegated to the United States or matters in the Bill of Rights, they must be sustained as right in doing so. This is a glaring error regarding the Supreme Court’s decisions on abortion and other social matters and this move by states may set things right through proactive action by the States and People. Neither the Federal Government or Courts can override the Constitution and the proper delegation of Covid-19 response to the States has awakened interest in a forgotten 10th Amendment.