Question

A state has a highway speed limit of 75 miles per hour. The federal government mandates that all states set highway speed limits to 55 mph. The state sues the federal government, and the case goes to the Supreme Court.

Which constitutional amendment would support a Supreme Court decision to uphold the right of the state?

First Amendment
Tenth Amendment
Eleventh Amendment
Fourteenth Amendment

Answer 1

Answer:

Tenth Amendment

Explanation:

The 10th amendment to the U.S Constitution which was taken from the Bill of Rights 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."

Basically means that if the federal government only has powers that are listed  in the Constitution. All other powers are hence given to the states and to the people.

In this case, the state lawyers can argue that mandating a speed limit is a power that has been listed in the constitution and hence the states should have the power to set their own speed limits.