At first glance, it would appear that the 10th Amendment is simple in its reasoning, intent and definition. This however, has proven to be more difficult than most assumed it would be as the powers have extended throughout the Federal government up to and including that of the Supreme Court. Throughout history the Constitution has been the center of controversy due to its broad and general meaning, definition and intent. After the Civil War in fact, all intentions of redefining the amendment in its entirety was brought to a halt. It wasn’t in fact until 1883 when the amendment was once again taken into consideration as it then was able to reclaim some of the force that it had lost. It was then that the Supreme Court determined that the Civil Rights Act of 1875, having been created by the Federal government was invalid. It also made racial discrimination a crime under USC 1983 (The Color Law). This became possible due to several civil rights cases and so in approximately 1909 when under a historical move by the Supreme Court ruling that the trafficking of slaves by white people to be illegal. Congress had previously passed legislation prohibiting the prostitution of women as it was an outright violation of the 10th Amendment. This is backed by Keller v. United States.
It wasn’t until approximately 9-10 years later that the country would experience another life changing law brought about due to its violation of the 10th amendment rights; this would be that of the interference of shipment between states which the business involved had occupied children under the age of fourteen to manufacture them; Hammer v. Dagenhart. In this, the states were reminded of the trust placed in them by the Federal government, that of the division of powers between the Stated and Federal government and reminded not to overstep their boundaries.
It wasn’t until around the time of the Great Depression that the nation saw once again the 10th Amendment turn back to its inactive state as it was once before. During that time, President Roosevelt was more concerned with matters of legislation and so decided that it was time to work closely with Congress and the “New Deal”; which included several different agendas regarding economic stimulation. The Supreme Court maintained the provisions of the “National Labor Relations Act”; NLRB v. Jones & Laughlin Steel Corp. 1937. It wouldn’t then be until approximately forty years later that the Supreme Court would actually recognize the authority of Congress over the regulation of previous issues already resolved through legislation and so giving Congress full authority to act upon that legislation regarding consumption of products within the territorial boundaries of one’s farm. This would be resolved through