Controversial Books | Page 328

306 Basic Constitutional Concepts are the unspecified powers that the people or the States did not delegate or surrender to Congress or the general government, and reserved to themselves. This reservation of various powers to the States was reaffirmed in the Tenth Amendment to the Constitution, which provides that ‘‘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 the people.’’ The Tenth Amendment is a rule of interpretation not only for the Federal courts, but also for Congress and the President. At one point in our history, the reserved powers were often regarded as the exclusive powers of the States. As such, they served to limit the powers of the Federal government. Article I, Section 8, for example, empowers Congress ‘‘to regulate commerce among the several States,’’ suggesting, therefore, that local commerce, wholly within a single State, could not be regulated by the Federal government. The Supreme Court has rejected this interpretation, however, and the Tenth Amendment is no longer interpreted by the courts as a limitation on Federal power. Today, it usually makes no constitutional difference whether an act of Congress governs an institution or activity otherwise reserved to the States. For this reason, federalism has weakened over the years, and much power formerly controlled by the States has been shifted to the central government. This reallocation of power is known as the centralization or nationalization of power, a phenomenon that is praised by some and criticized by others. The Supremacy Clause In reviewing the relationship between the Federal and State governments, we should also note the significance of the ‘‘Supremacy Clause’’ of the Constitution. Article VI provides that, This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. This key provision, rarely found in other constitutions, establishes the supremacy of the Constitution over all Federal laws, State constitutions,