January 31, 2024
States invoke the Tenth Amendment to challenge federal directives
Utah, Texas claim Tenth Amendment to reject federal mandates
January 31, 2024
Utah, Texas claim Tenth Amendment to reject federal mandates
James Madison pressed for clear limits on federal power during ratification and sponsored the Tenth Amendment to reassure states about reserved rights.
The Supreme Court in McCulloch v. Maryland (1819) endorsed broad federal powers under the Necessary and Proper Clause, shifting the balance away from a narrow reading of the Tenth Amendment.
Courts and Congress have at times centralized authority during Reconstruction and the New Deal, and federal preemption has shaped modern disputes over health, immigration and reproductive care.
The Supreme Court in NFIB v. Sebelius (2012) held that the Medicaid expansion was coercive under the Spending Clause but otherwise upheld large parts of the Affordable Care Act, leaving states with complex choices.
Utah passed S.B.57 (Utah Constitutional Sovereignty Act) and Gov. Spencer J. Cox signed it on Jan. 31, 2024. The law creates a legislative mechanism to bar state officials from enforcing federal directives until courts rule otherwise.
Texas passed S.B.4 and Gov.
Greg Abbott signed it on Dec. 18, 2023; the law's criminal and removal provisions prompted immediate federal lawsuits and piecemeal court proceedings in early 2024.
Federal funding for K-12 education decreased from 10% in 1960 to 13% by 2020 (despite population growth). How does federal funding leverage relate to school policy control?
In 2010, several states passed laws declaring the Affordable Care Act void within their borders, arguing the Tenth Amendment allows states to nullify unconstitutional federal laws. Why did these nullification laws have no legal effect?
Several states passed laws declaring the Affordable Care Act "null and void" within their borders. What was the legal effect of these nullification attempts?
Roscoe Filburn grew wheat on his Ohio farm in 1941, consuming it all himself without selling any. The Supreme Court ruled Congress could regulate his wheat under the Commerce Clause. What was the Court's reasoning?
What is the order of these events in chronological to show how states successfully challenged federal marijuana prohibition?
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Chief Justice of the United States
Chief Justice of the United States
Associate Justice of the U.S. Supreme Court
Governor of Utah
Governor of Texas
Attorney General of Texas
Former state solicitor general and conservative legal strategist
Appellate litigator and former U.S. Solicitor General