Tenth Amendment

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             Several other attempts to add "expressly" failed in both the House and the Senate. The House adopted the phrase "or to the people" on August 18th and the Senate followed suit three days later on the 21st. The phrase was added to the Tenth (Twelfth) Amendment so it would be understood that a reservation to the states did not mean state governments because sovereignty derived from the people, not the legislatures. Madison originally wanted to place the Bill of Rights into the body of the Constitution; instead, the House voted to arrange amendments in a separate section following the original text. .
             By defining to whom powers not delegated are reserved, the Tenth Amendment provides an express federalism marker and connects the amendment with constitutional and political federalism. The Tenth Amendment, however, is only able to serve its purpose when the United States Supreme Court is composed of justices who are proponents of state's rights. Throughout United States Supreme Court history, the influence the Tenth Amendment could exert on the issues surrounding federalism was decided by two opposing points of view. These factions held to the beliefs of Chief Justice Marshall and Chief Justice Taney, who -respectively "believed in a stronger central (federal) government and more state's rights. Chief Justices Marshall and Taney had an enormous impact upon future interpretations of the Tenth Amendment. Subsequent courts could either follow the precedent set down in McCulloch and dismiss the amendment as merely "declaratory" and symbolic or look to Taney's doctrine of dual federalism to prevent the national government from invading the states' separate sphere of authority. .
             The first obvious controversy arising from how the Tenth Amendment was to be interpreted arose in Calder v. Bull. Justice Chase dictated that "[a]ll the powers delegated by the people of the United States to the Federal Government are defined, and no constructive powers can be exercised by it, and all the powers that remain in the State Governments are indefinite.