ARTICLE IX.
UNSPECIFIED PERSONAL RIGHTS PRESERVED.
The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Certain rights which governments are prone to trample on have been mentioned in the preceding provisions. But not all of the personal rights could be enumerated. Hence this provision covering those unnamed.
ARTICLE X.
THE UNITED STATES GOVERNMENT ONE OF LIMITED POWERS.
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.
This provision gives a rule for interpreting the constitution. "It is important as a security against two opposite tendencies of opinion, each of which is equally subversive of the true import of the constitution. The one is to imply all powers, which may be useful to the national government, which are not expressly prohibited; and the other is, to deny all powers to the national government which are not expressly granted." [Footnote: Story] The United States is "a government of limited powers," and has only such implied powers as are necessary to carry out the express powers. On the other hand, a state has all powers not denied to it by the state or federal constitutions.
Pertinent Questions.
What is the general purpose of the first ten amendments? Do they restrict the general government or the state governments, or both? When and how were these amendments proposed? When and how ratified? What three limitations to the power of amendment does the constitution contain?