Hey guys, welcome to Hip You's History. So glad that you could make it. We're going to bang out the 10th Amendment for you guys in the next few minutes as we continue our Constitution for dummy series explaining it simply not because you're simple, but because everybody needs to know some basic stuff before you get to the fancy stuff. So strap on your boots to learn and we're about to knock out some 10th Amendment. Get it up. Alright, 10th Amendment. So if you're a libertarian, if you're like a Ron Paul guy or a girl out there, you love the 10th Amendment. If you could have babies with the 10th Amendment, you'd have babies with the 10th Amendment. Let's look at the words and then we can talk it out. Hear the words. The power is not delegated to the United States for the Constitution. Nor prohibited by it to the states, are reserved to the states respectively or to the people. So there's the reserved powers of amendment. In terms of a mononic device, sometimes I'll think of the 10th Amendment as being the last seat in the Bill of Rights thinking that it's reserved, it's safe for somebody. But basically what this means is that if it's not in the Constitution, if you're a person, you can't find the power in the delegated portion of the Constitution, which mostly is Article 1, Section 8, which lists congressional powers. Then if we don't give it to the federal government, then it gets kicked to the states. Very simple examples would be something like marriage laws or the DMV dealing with driver's licenses. Those are dealt at the state level. Education is basically a reserved powers. Of course this gets muddied when we start looking at other parts of the Constitution, like the 14th Amendment, which guarantees states treat its citizens equally. So if you're talking about marriage and gay marriage, certainly marriage is a reserved power. The 10th Amendment kicks that to the states. But the states can't deny equal protection. And of course that's a very muddled, weird argument that you can have down in the comments below. An easy way to think of this if you're a kid and you're trying to wrap your head around what reserved powers is is to think of it this way. If your parents made notice that they were going to put everything they could tell you to do on the fridge and they put up there, they could set your curfew. They put on the fridge that they could, I don't know, decide what color the house is going to be. Where you're going to go on vacation, what food you're going to cook for dinner. Those would be delegated powers, powers given to your parents and you probably wouldn't have a problem with that. But if it wasn't on the list, let's say for instance what posters you could put up in your bedroom, you would make the presumption that that was reserved for you to make up your mind. And that's the concept. So the 10th Amendment limits the power of the federal government by giving that power to the states or respectively to the people. Those are the words of the 10th Amendment. Now where does it get fishy? It gets fishy when you look at the flexible parts of the constitution like the general welfare clause, the elastic clause and interstate commerce clause, all found in section one article eight. If you're going to read anything in the constitution, read article one, section eight and read the 10th Amendment because you can see that the constitution is kind of bipolar. For instance, the general welfare clause is in the very beginning of section eight where it says that one of the jobs of Congress is to provide for the general welfare, right? Another one is to regulate commerce between the states. Then when you kick in the elastic clause, which is the last phrasing in article one section eight, Congress shall make all laws necessary and proper for executing the foregoing powers that list, then you start getting muddied. So if I have the ability to make all laws necessary and proper to provide for the general welfare and to regulate commerce between the states, then definitions count. And we start seeing those being used to expand power. So for instance, regulating commerce between the states has been expanded to mean regulating pollution between the states. That that between the states and interstate commerce, so you can't trust one state to regulate pollution. Therefore, Congress is going to regulate pollution. Another example would be actually Obamacare uses interstate commerce clause because health insurance is a commerce that can go between states. Drugs like marijuana and why the federal government can still arrest people through the DEA is commerce between states. We wouldn't have social security without the general welfare clause and the elastic clause or Medicaid or Medicare. And some of you probably are clopping out there saying, we shouldn't have those things. Just see the libertarian argument that if we are going to take the elastic clause and interstate commerce clause and stretch them to mean anything, then it nullifies and voids out the 10th amendment. Why do we have the 10th amendment if we're not going to use it? And then of course you'd say, why are we going to have the elastic clause in the general welfare clause if we're not going to use it? You could fight it out in the comments below. There you go. I don't know what else to say. I feel bipolar. There you go, guys. Make sure you check out other lectures, subscribe to hip-haz history and click the link below. And you'll see lots of other other channels that you should check out. Where attention goes, energy flows. This is my class and the bell's going to ring and I got the kiddies coming in for the learn it. So I got to stop the teaching on the YouTube's. We'll see you guys next time.