27) Which Amendment has the MOST effect on the "reserved powers" of states? A) First B) Tenth Eliminate C) Thirteenth D) Twentie
2 answers:
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The answer to this is: C) Tenth Eliminate.
Because, In Cooper v. Aaron (1958), the Supreme Court dealt with states' rights and the Tenth Amendment. The case came about when conflicts arose in direct response to the ruling of another landmark case, Brown v. Board of Education (1954). In Brown, the Supreme Court unanimously declared racial segregation of children in public schools unconstitutional. Following Brown, the court ordered district courts and school boards to proceed with desegregation "with all deliberate speed".
Among those opposing the decision (and all efforts of desegregation) was the Governor of Arkansas, Orval Faubus. A group of black students known as the Little Rock Nine were to attend the previously all-white Central High School under the school board's attempt to follow the order of Brown. The tension became severe when Governor Faubus ordered the National Guard to prevent the nine from entering the school and President Eisenhower responded with federal troops to escort them.
Five months after the integration crisis happened, the school board filed suit in the United States District Court of the Eastern District of Arkansas requesting a two-and-a-half-year delay in implementing desegregation. Although the district court granted the relief, the United States Court of Appeals for the Eighth Circuit reversed the district court's decision on August 18, 1958, and stayed its mandate pending appeal to the supreme Court. By this time, the incident had evolved into a national issue: it had become a debate not only on racism and segregation but also on states' rights and the Tenth Amendment.
The Court, citing first the Supremacy Clause of Article VI declaring the Constitution the supreme law of the land, and second the Marbury v. Madison decision asserting the Court as the supreme interpreter of the Constitution as evidence of their superior authority, reaffirmed Brown and held that the states must abide by the Court's decisions despite disagreements. Expectedly, many states' right advocates and state officials criticized the ruling as an attack on the Tenth Amendment that reserves the states' right to resist the implementation of federal law or the Federal Constitution. Moreover, they claimed the Court's decision on Cooper as being inconsistent with the constitutional vision of the Framers.Thus, is C. Hope It Helped!~
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