Anti-Commandeering Doctrine
The Feds Need the States to Do Almost Everything
During the run-up to the 2013 federal government shutdown, the National Governors Association made a startling admission: the federal government depends on the states to do pretty much everything it does. As the government was threatening to “shut down,”...
The Anti-Commandeering Doctrine Isn’t About Constitutionality
State and local governments can legally refuse to cooperate with the enforcement of federal laws and the implementation of federal programs. And this is key – whether those laws or programs are constitutional or not. Refusal to cooperate with federal enforcement...
The Anti-Commandeering Doctrine: An Introduction
The anti-commandeering doctrine provides a powerful tool to undermine overreaching, unconstitutional federal power. So, what is this doctrine? What is it based upon? And how can it be used as an effective tool for liberty? How Do We Confront Federal Overreach? Most...
There is No Anti-Commandeering Doctrine when Local Governments Take on a State
The Tenth Amendment Center’s practical nullification strategy relies on James Madison’s blueprint for taking on federal power. Madison advised that “a refusal to cooperate with officers of the union” would create impediments and obstructions to...