10th amendment and who ratified the constitution

I received the following proposed questions and answers from Mike M:

1) Government under the U.S. system is created by consent; who and by what authority was the federal government established?

Answer by the States and the 10th amendment reserves all powers not so granted to the federal government to the States....No?

2) How many branches of government do BOTH the federal government and the governments of the States have?

Answer three, executive, legislative and judicial. Now, of course, some localities have a non-strong mayor and the legislative body (common council, for example) administers the Executive Function.....but we should concentrate on the State and federal governments......

3) For every wrong is there a remedy in any or all of our governments?

Answer no in a general sense. Just because something is wrong doesn't mean that there is a statutory or constitutional remedy to right that wrong. It was fashionable in the 1960's and 1970 to look for an implied remedy under any law or constitutional provision but that doctrine has been limited by our Supreme Court. So, express remedies in the laws and constitutions of the federal and State governments provide the full existing range of remedies for wrongs. True, many more wrongs are added by statutes to those laws for which remedies are already provided; few remedies are repealed. We also add, but rarely, new Constitutional amendments providing remedies and other requirements for continued consent by the governed both at the federal and state levels.

Question one is OK as it. I guess I will frame question one and it’s answer as follows:

A) What act established the federal goverment?
Answer: the ratification of the constitution.

B) Who consented to the establishment of the U.S. federal government?

Answer: The states.

As a comment: the answer Mike offered for question one conflates the creation of the federal government with the constraints on the federal government created by the 10^th amendment. I’m will get pedantic here, but the ratification of the U.S. constitution, in effect, established the federal government. The first 10 amendments were incorporated into the constitution after the federal government was established. Put another way, 10^th amendment to the constitution didn’t exist until after the constitution was ratified and the federal government established by this constitution amended the constitution.

The 10^th amendment deserves its own set of questions.

C) which amendment reserves all power to the states that the constitution does not grant the government?

Answer: the 10^th amendment.

D) under the 10^th amendment, what powers do the states not have?

Answer: The states have neither powers prohibited to them the constitution nor powers delegated to the United States.

Question two has already been covered with respect to the number of branches of the federal government by proposed test question # 23. I think the part of the question regarding the number of branches of state governments is off topic unless this is address in the constitution.

In my view, question three is eliciting an essay type of answer. In my view we need to specify questions that have a specific, fact-based, answer.

That being said, I also don’t consider myself the final arbiter of what is an acceptable question. I will go with the majority opinion of my fellow FreedomWorkers.

I haven’t conferred with Mike regarding the intent of question three. I have tentative notions regarding two or three things that Mike might alluding to but I think I discuss more with Mike before I offer any more commentary.