Difficulty: Medium

Average Score: 67%

"Ours is a dual form of government; in every State there are two Governments- the State and the United States; each State has all governmental powers save such as the people, by the Constitution, have conferred upon the United States, denied to the States, or reserved to themselves."

Which amendment to the U.S. Constitution is described in the passage?

Rationale

Tenth Amendment

The Tenth Amendment to the U.S. Constitution emphasizes that powers not delegated to the federal government nor prohibited to the states are reserved for the states or the people. This aligns with the passage, which highlights the existence of dual governments and the distribution of powers between them.

A (First Amendment) YOUR ANSWER

The First Amendment guarantees fundamental freedoms such as speech, religion, press, assembly, and petition. While it plays a vital role in protecting individual rights, it does not address the distribution of governmental powers between state and federal authorities as described in the passage.

B (Second Amendment) YOUR ANSWER

The Second Amendment protects the right of the people to keep and bear arms. Although significant in its own right, it does not pertain to the structure of government or the division of powers between state and national governments, which is the focus of the passage.

C (Ninth Amendment) YOUR ANSWER

The Ninth Amendment asserts that the enumeration of specific rights in the Constitution does not deny or disparage other rights retained by the people. While it addresses individual rights, it does not discuss the relationship between state and federal powers as outlined in the passage.

D (Tenth Amendment) CORRECT

The Tenth Amendment explicitly clarifies that any powers not granted to the federal government are reserved for the states or the people. This directly relates to the passage's description of the dual form of government in which states retain powers unless explicitly conferred to the United States.

Conclusion

The Tenth Amendment serves as the constitutional foundation for the division of powers between the state and federal governments, affirming that states retain all powers not specifically granted to the national government. The passage effectively illustrates this principle, reinforcing the significance of the Tenth Amendment in the context of American federalism.