Which amendment permits states to retain and potentially expand rights not granted to the federal government?

• A. First
• B. Second
• C. Tenth
• D. Eleventh

Answer: (C)

Think about federalism: powers not granted to the federal government stay with the states. The Tenth Amendment codifies this by saying that powers not delegated to the United States, nor prohibited to the states, are reserved to the states or to the people. That means states can retain rights not granted to the federal government and may even expand those rights within constitutional limits. The other amendments address specific rights or limitations in different contexts: the First Amendment protects fundamental freedoms but isn’t a general statement about reserved state powers; the Second Amendment secures a specific right to keep and bear arms; the Eleventh Amendment deals with state immunity in certain lawsuits. So the one that best captures the idea of states retaining and potentially expanding rights not given to the federal government is the Tenth Amendment.