THE TENTH AMENDMENT AS A FEDERALISM-BASED LIMITATION ON CONGRESSIONAL POWER Flashcards
10th Amendment
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.
Garcia v. San Antonio
Congress can directly regulate the states as part of a broader federal regulatory scheme that also regulates similar private conduct.
The principle of federalism was to be protected, if at all, through the political, rather than the judicial process. Congress, which is composed of representatives from the states, must make the necessary judgments about the scope of any intrusion upon state sovereignty.
The Court overruled National League of Cities v. Ulrey, rejecting a rule of state immunity that turns on judicial appraisal of whether a particular state governmental function is integral or traditional. This standard is too subjective; there is no real criteria for the court to determine whether an activity is a traditional state or local function
New York V. US
The 10th Amendment prevents Congress from commandeering the state legislature by compelling the state to enact or enforce certain legislation.
Facts: The Low Level Radioactive Waste Policy Amendments Act authorized states to impose a surcharge for accepting low-level nuclear waste from out of state. The statute provided that if a state did not provide disposal for its waste by 1996, the state has to “take title” to the waste within its border and to accept liability for any damages caused by that waste.
Holding: The “take title” provision of the Act is unconstitutional. It gives a state two options: a state could either take title to the waste product and risk the attendant liability, or it could regulate according to the congressional scheme. Neither of these alternatives was constitutionally acceptable, for either way, the states were being forced to participate in and implement the federal regulatory scheme. States were being treated as agents of the federal government, “commandeered into federal service.” Such a coercive invasion of state sovereignty violates principles of federalism and the 10th Amendment.
Printz V. US
The 10th Amendment prevents Congress from commanding the state executive officials to administer federal programs
Facts: The Brady Act required the attorney general to establish a national instant background check system for weapons purchases. The background check was to be completed by Chief Law Enforcement Officers from each state. Two CLEO’s challenged the Brady Act, arguing that the compelled enlistment of state executive officers for the administration of federal government programs is unconstitutional.
Holding: The Brady Act is unconstitutional.
The act commandeers states into enforcing a federal regulatory scheme by making local law enforcement officers the administrative agents of the federal government. This offends the principle of separate state sovereignty –> federalism.
This Act is unconstitutional even though none of the states or local governments had problems with it. The Court should still enforce federalism, even against the interests of the states. The balance between the state and federal branches would be augmented immeasurably if the federal government were able to impress into its service the police officers of 50 states.
Rules from the 10th Amendment
1) Congress cannot compel state legislative or regulatory activity
2) Congress can try to induce state acts by putting strings on federal grants as long as:
a. conditions are stated
b. relate to the purpose of program
c. as long as they are not unduly coercive
(South Dakota v. Dole)
3) Congress may prohibit harmful commercial activity
(Not an affirmative burden - wanted state to stop selling residents dmv information)
