11. Tenth Amendment (10A) Flashcards
1
Q
What is required for exclusive federal powers?
A
State powers expressly prohibited/limited by Constitution
Powers only exercisable by Federal Government
2
Q
What is required for exclusive state powers?
A
Powers NOT expressly delegated to Federal Government
- BUT very unlikely as federal powers are given expansive interpretation
3
Q
What is required for Congress to commandeer States?
A
Commandeer Public (State) + Private (Citizens) - Same terms
Act in non-sovereign capacity
- General application of federal law
NOT act in sovereign capacity
- NOT enact laws
- NOT force participation in federal regulatory program