The 10th Amendment

โ€œThe 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.โ€

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Anti-Commandeering: An overview of five major Supreme Court cases

Anti-Commandeering: An overview of five major Supreme Court cases

by Mike Maharrey | May 23, 2018 | Anti-Commandeering Doctrine, Court Cases

The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting federal overreach in Federalist #46 serves as the basis for what we...
Pick One: Constitutional Principles or Your Policy Preferences

Pick One: Constitutional Principles or Your Policy Preferences

by Mike Maharrey | Apr 23, 2018 | Anti-Commandeering Doctrine

In 1788, James Madison offered a blueprint for stopping โ€œunwarrantable measuresโ€ enacted by the federal government. In Federalist #46, the โ€œFather of the Constitutionโ€ advised a refusal to cooperate with officers of the union.โ€ He said even in a single state, this...
A Brief History of “Sanctuary Cities”

A Brief History of “Sanctuary Cities”

by Tenth Amendment | Feb 22, 2017 | Personal Liberty Laws

The following article by H. Robert Baker was originally published at Topics of Meta – Historiography for the Masses. As everyone with a twitter feed already knows, Donald J. Trump is no friend of immigrants. In a spate of hot-headed executive orders this week,...
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