The 10th and 11th Amendments

Question 1

What is the 10th amendment?

Answer 1

-The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Question 2

National League of Cities v. Usery

Answer 2

• “Congress may not directly displace the States freedom to structure integral operations in areas of traditional governmental functions”
• Congress can’t force state governments’ employment practices

Question 3

Garcia v. San Antonio Metro Transit Authority

Answer 3

• Overturns the National League of Cities, previous dissent becomes majority
• Court holds that Congress’ power to force minimum wage and hours is not limited by 10th amendment

Question 4

New York v. U.S.

Answer 4

• Statute requiring radioactive waste disposal with “incentives:” take ownership or pay fee
• Commandeering Principle
• Federal act unconstitutional because it forced the states to legislate
• Congress commandeering at all, even when it can regulate is unconstitutional

Question 5

Printz v. U.S.

Answer 5

• Congress requiring local law enforcement to administer Fed. law
• Commandeering Principle
• Federal act unconstitutional because commandeering, forcing executive branch
• Problem is accountability, financial responsibility, and check and balance

Question 6

What is the 11th amendment?

Answer 6

-The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State

Question 7

Hans v. Louisiana

Answer 7

• Court held that cases from citizens of a state or rising out of federal law cannot be heard in federal court
• Qualifications:
• -Injunctive relief
• -14th amendment