10th Amendment Flashcards
Overview
Powers not delegated to Fed gov by Constitution, nor prohibited by it to the States are reserved to the States
Exam tip: If call of question asks if C’s act is “constitutional” then do both Commerce Clause and 10A analysis (and anything else that’s applicable b/c call of question just asks if the act is constitutional
If call of question asks if something is within scope of CC, then ONLY do CC analysis and do not do 10A analysis
Anti-Commandeering Doctrine
Anti-Commandeering Doctrine: Congress can’t require a state to directly enforce federal law/program on its citizens or to enact legislation to comply with law/program
(a) Anti-Commendeering Doctrine is another example of judicial branch telling legislative branch what they can’t do
(b) Exam tip: So even if something is within scope of C’s commerce power, you can still argue that C was unconstitutional b/c it violated 10A bc it commandeered
Old Interpretation:
Nat’l League of Cities v. Usery: The application of the Fair Labor Standard Act, which required the payment of the minimum wage of state and local employees is unconstitutional by violating the 10th amendment as it interferes with traditional state and local gov’t functions
Garcia v. San Antonio: Nat’l League is overruled and thus Congress has power under the Commerce Clause to apply Fair Labor Standard Act to state and local gov’ts
(i) Holding: the political process (and not 10A) limits C’s commerce power
10th A Analysis
(1) The principles of federalism in 10A prohibit Congress from “commandeering” the states:
It CANNOT:
(i) Require state legislature to enact laws/regulations [see New York]
(ii) Nor require state officials to assist in the enforcement of federal regulations [see Printz]
It CAN
(i) Urge a state to adopt a legislative program as part of its spending powers. C can attach conditions on states’ receipt of federal funds
(ii) Have a regulation that applies to BOTH the state and private entities [see Reno]
New York, Printz, & Reno all have nothing to do with commerce power. All fact patterns are clearly within the CC, but each are cases to see if there is a 10A Violation
Murphy v. NCAA:
Law prohibits states from gambling on sports. NJ passed law permitting sports gambling, and NCAA sued to enjoin law. NJ argued fed law violated anti-commandeering principle.
The SC said that it did b/c the statue was directing state leg not to pass laws that would permit gambling – which is direct violation of state sovereignty.
It was a law directly telling a state what they couldn’t do.
New York v. US
FACTS:
Congress created a statutory duty for states to provide for the state disposal of radioactive wastes generated within their borders. States would take title to any wastes within their borders that were not properly disposed and be liable for all damages.
Even though regulating waste interstate is within scope of C commerce power - NY still had arg that it violated 10A
HOLDING:
10A prohibits the “take title provision.” Congress cannot commandeer the legislative process of the states
Congress CAN pass a law that regulated low level radioactive waste, but congress CANNOT pass a law that directs a state to do certain things
Printz v. US
Brady Handgun Violence Prevention Act passed which required state law enforcement officers to conduct background checks on prospective handgun purchasers violated the 10A b/c Fed Gov can’t command state officials to help enforce federal law
Takeaway: Congress CANNOT compel the states to enact or enforce federal law- thus they cannot direct state officer to do so (and cannot circumvent this through officials that are agents of the states)
Reno v. Cordon
CONGRESS CAN REGULATE DISCLOSURE OF PERSONAL INFO IN STATE DMV RECORDS
Driver’s Privacy Protection Act of 1994 was designed to prohibit the selling or reselling of individuals’ personal information by DMVs or private entities. Does NOT violate 10A
Takeaway: Federal laws that require action from both states and private entities are not “commandeering”
