10th Amend

Question 1

10th Amendment and Anti-commandeering: Rule

Answer 1

The 10th Amendment states that any power not delegated to the United States, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Congress cannot:

(1) dictate what State legislatures may/may not do
- Cannot issue a directive requiring States to legislatively enact a fed. regulatory program
- Cannot issue a directive forbidding States from changing existing state/local law
(2) command a State’s officers to administer or enforce a fed. regulatory program.

Congress CAN:
Regulate the non-sovereign activities of a state, at least when the statute is generally applicable to both states AND private actors

Question 2

10th Amendment and Anti-commandeering: A: Garcia v. San Antonio Metropolitan Transit Authority

Answer 2

Holding Congress can implement a federal min. wage b/c not up to Court to protect “zone of activities”

Courts don’t protect states, political process, as structured by Constitution, protects States

HERE, Congress regulating state in its capacity as an employer, NOT as the state as a sovereign

• States have the ability to influence the federal government through the political process
• • States control Elections = have hand in who goes to Congress
• • (TRADITIONALLY) states picked Senators, can pick Senators who will vote for State interest
• States have influence the federal gov for its own interest
• • Can get exempted from certain laws
• • Getting specific grant $$

Question 3

10th Amendment and Anti-commandeering: A: NY v. US

Answer 3

Issue: If State cannot provide for disposal all low-level radioactive waste generated in its borders, must take title of the waste

NY didn’t have any waste sites and NY citizens hated the law

Court held the federal gov. commandeered the State legislative process by fed. gov.

• Presents 2 choices (1) take title or (2) self regulate (both regulatory actions)  the choice between 2 unconstitutional actions are not a choice
• • Commandering bad b/c it attenuates accountability and affront to State sovereignty

Question 4

10th Amendment and Anti-commandeering: A: Printz v. U.S.

Answer 4

There, the Court held that the Brady Handgun Violence Protection Act violated 10th amendment b/c Congress cannot conscript State officers directly.

• Act required state and local law enforcement officers to conduct background checks on prospective handgun purchases for interim period while national instant background check system being created.
• Executors of the law, the local officials, have limited resources, and the money allocation decision are in nature political processes
• There, Court held that Congress compelling to spend money in certain way was detrimental to local officials because the local official would have to deal with the fallout out of unpopular legislation, not the fed. government who forced it upon them

Question 5

10th Amendment and Anti-commandeering: A: Reno v. Condon

Answer 5

There, Court held the DPPA, law forbidding States from selling personal DMV information to 3rd parties, did not violate the 10th Amendment because the law regulates the State as a commercial actor in a specific market.
- The Court held the law’s general applicability made the law constitutional because the DPPA applied the same rules to private actors as the State.

Question 6

10th Amendment and Anti-commandeering: A: Murphy v. NCAA

Answer 6

There, the Court held Congress cannot compel neither compel or prohibit a State from enacting legislation that is within its powers.

• The repeal anti-gambling statute allowed New Jersey to “regulate its own citizens,” clearly within New Jersey’s sovereignty.
• The federal government can never force legislation onto States or Cities that affirmatively or prohibitively regulates the State’s sovereign authority to “regulate own citizens.”