Federalism and the 10th Amendment

Question 1

What is the 10th amendment?

Answer 1

Basically all powers that are not explicitly reserved or delegated to the federal government by the Const., are reserved to the states or the people.

Question 2

New York v. United States (U.S.) (1992)

Answer 2

The federal gov’t cannot commandeer states to enact or to administer federal programs, specifically, here it was an act which obliged states to provide for waste disposal.

Question 3

Printz v. United States, (U.S.) (1997)

Answer 3

The Brady Act – which forces state law enforcement to perform background checks to help with gun control – was found to exceed Congress’s 10th amendment authority.

Question 4

Reno v. Condon, (U.S.) (2000)

Answer 4

A law that prohibits state and private entities from selling personal info. to state DMV’s was found lawful and not exceeding 10th amendment power.

Here, it was not considered commandeering because it was not just regulating states, but ALL entities engaged in such activity.

Takeaway: (dont question it) if the law applies to both the state and private entities it does not exceed 10th amendment power

Question 5

Murphy v. Athletic Association (U.S.) (2018)

Answer 5

Federal gov’t may not ban state-sponsored sports betting, as it violates the 10th amendment.