As one of the ten amendments included in the Bill of Rights, the Tenth Amendment to the United States Constitution states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, the federal government only has the powers granted to it by the Constitution, and all other powers are reserved for the states or the people.
However, in recent years, there has been a growing concern among some that the Tenth Amendment is being subverted by Democrats. This concern stems from a variety of policies and actions taken by Democrats at the federal level that seem to encroach upon the powers of the states.
One example of this is the Affordable Care Act, also known as Obamacare. This legislation, passed in 2010, required all individuals to have health insurance or face a penalty. Many Republicans argued that this mandate violated the Tenth Amendment by forcing individuals to buy a product they may not want or need. While the Supreme Court ultimately upheld the constitutionality of the individual mandate, the fact remains that many Republicans and conservatives see it as an example of federal overreach.
Another example of Democratic policies that some argue subvert the Tenth Amendment is the Biden administration's recent executive order on gun control. Among other things, the order seeks to regulate so-called “ghost guns” – firearms that are made at home using kits that can be purchased online. While the legality of the executive order is still being debated, some conservatives argue that it infringes upon the Second Amendment and undermines the power of states to regulate firearms within their own borders.
Similarly, some conservatives have criticized the Biden administration's handling of the COVID-19 pandemic, arguing that the federal government has overstepped its bounds in mandating masks and vaccines in certain settings. While Democrats argue that these measures are necessary to protect public health, Republicans see them as an example of federal government overreach.
Overall, there is certainly a debate to be had about the role of the federal government versus the powers of the states. While some Democrats may argue that the Tenth Amendment is not being subverted, there are certainly policies and actions being taken at the federal level that some see as infringing upon state power. Ultimately, it is up to the courts and the American people to decide where the line should be drawn.