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Norman 1
Brianna Norman
Dr. Swedan
ENG 101
23 Nov. 2016
The Tenth Amendment
There have been many controversies over the Tenth Amendment for quite some time.
The amendment was designed to divide and limit the powers of the national and states’
government. It protects the states and its’ people from the national government becoming too
powerful. However, today, the question that holds the most concern is, has the national
government exceeded its power? The national government, has taken over some of the states’
powers. The Tenth Amendment should be modified in favor of the states.
Over the years, the national government has taken over many of the powers that belong to
the states. For instance, they have taken over health policies such as abortion and assisted-
suicide. Abortion is a policy that should be given to the states to enact in its own way. The
federal government has made abortion legal in all states. It is a right to the people. However, the
states should be allowed to have the right or the power to grant the requirements for an abortion
to take place. Although citizens of a state may disagree on the requirements, abortion is still
offered. “For example, four states require both parental notification and consent before a minor
may obtain an abortion; in this analysis, these states would be identified as requiring parental
involvement,” (Gold). Like abortion, assisted-suicide is found as a choice to the people. Not all
states may agree with it, however, they should be given the power to approve or disapprove of
offering assisted-suicide.
Norman 2
The federal government has also taken away the rights of the states involving sexual
orientation. One right taken away was the legalization of same-sex marriage. Many states
opposed to the legalization of same-sex marriage. However, there were a few states who did
accept it. If not all states want legalization of the same-sex marriage, all states should not have to
grant the law. “The marriage amendment would withdraw from states the power to permit same-
sex marriage even if 100% of the voters and legislators from some sate wanted to allow it,”
(Rauch). This law should not be deemed as a constitutional right. Another right taken away was
the legalization of transgender bathrooms in schools under Title IX. “The U.S. departments of
Justice and Education assert that, under Title IX, which prohibits sex discrimination in
educational settings, schools must allow transgender students to access restrooms, locker rooms,
and sex-segregated classes that align with their gender identity, even if it differs from their sex at
