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James K
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The tenth amendment has been called a "truism" by the SCOTUS, As such it formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered. (from US v Darby Lumber Co.)

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

The tenth amendment has been called a "truism" by the SCOTUS, As such it formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered.

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

The tenth amendment has been called a "truism" by the SCOTUS, As such it formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered. (from US v Darby Lumber Co.)

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

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James K
  • 89.3k
  • 14
  • 272
  • 357

The tenth amendment has been called a "truism" by the SCOTUS, As such it adds formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered.

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

The tenth amendment has been called a "truism" by the SCOTUS, As such it adds formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered.

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

The tenth amendment has been called a "truism" by the SCOTUS, As such it formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered.

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.

Source Link
James K
  • 89.3k
  • 14
  • 272
  • 357

The tenth amendment has been called a "truism" by the SCOTUS, As such it adds formally never mattered. It was always implicit.

The amendment states but a truism that all is retained which has not been surrendered.

The amendment is sometimes referenced in judgments when the Federal government requires states to enforce federal laws. So, for example, the federal law that required states to ban sports betting was declared unconstitutional as it commandeered states to enforce the law.

However, as you note, the Commerce clause has been interpreted as giving Congress wide power to legislate on matters that could affect interstate commerce. Judging by the frequency with which cases that test this clause come before the courts, there is certainly a grey area on what powers Congress has to regulate the states, and the tenth amendment is used in practice in presentations to the court, even if, as the court has noted, as a truism, it should not materially affect any decision that the court makes.