STATES RIGHTS: Tenth Amendment (limited by DCC & Supremacy Clause)

N.Y. v. U.S.,

1) Congress enacts a federal statute to address the problem of radioactive waste disposal. However, the federal statute provides that the states must either regulate according to the instructions of Congress or accept ownership of any radioactive waste upon request. Because the federal government may not compel states to enact legislation or accept ownership of waste without violating the Tenth Amendment, the federal statute is unconstitutional.

10th Amendment info

1. Important limit on congressional power 2. States may not pass legislation that unduly burdens or discriminates against interstate commerce a. Ex. NY passing statute that out of state blueberries cannot be sold within the state 3. Congress may not commander the legislative process of the States by directly impelling them to enact and enforce a federal regulatory program a. New York v. United States 4. If a federal law compels the state legislative or regulatory activity then statute is unconstitutional even if there is a need for federal action

Printz v. U.S.,

2) Congress enacts a federal statute to increase gun control and requires state and local officials to perform background checks on prospective buyers of firearms. However, this requirement overextends the authority of the federal government by essentially drafting, or commandeering, the police officers of every state into federal service. Because the federal government may not compel states to execute federal law without violating the Tenth Amendment, the federal statute is unconstitutional.

Tenth Amendment example

A plaintiff challenges a state statute that requires any city or town within the state to vaccinate its residents whenever necessary to protect public health or safety. However, the state government has the police power to enact any laws that are necessary to protect the health and safety of its residents. The state statute is constitutional. [See Jacobson v. Mass.,

Tenth Amendment:

Powers not delegated to the United States, are reserved to States respectively, or to the people

Tenth Amendment - definition

The Tenth Amendment provides that "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." This amendment recognizes that state governments have an inherent police power to make all necessary laws to protect the general health, safety, and welfare of the persons and property within their jurisdictions, as long as such laws are not unconstitutional. It is important to note that the federal government does not have a general police power and may only exercise the powers granted by the Constitution.