I'm shocked!

[Gdjjr]

Actually recognizing the 10th amendment is cause for celebration even in a minor dispute.

In the high court’s view, federal courts overstep when they apply common law rules without some special federal interest at stake. Because Article I of the Constitution gives Congress legislative power, and the 10th Amendment leaves most regulatory authority to states, the federal judiciary must tread very carefully in lawmaking territory, Gorsuch warned.

He accused lower courts that apply Bob Richards of “making the mistake of moving too quickly past important threshold questions at the heart of our separation of powers.” Thus, they fail to respect the “proper allocation of lawmaking authority” among Congress, states, and courts.

The US Supreme Court rules unanimously in a “curious” tax refund case

I wonder if they are setting precedent- unanimously.

 

[OldLady]

Yesterday my coworker corrected me when I told my student that federal law trumps state law. He was talking about the 10th Amendment and making this same argument, said something about the federal government only has jurisdiction in interstate commerce.

I heartily question some of this, since I googled to try and clarify what he was saying and found nothing. That, plus I am no constitutional law expert either. But maybe the now conservative SC is making a move to take back more powers to the states so it can override some of those pesky laws like legal abortion, immigration and public accommodation laws.

 

[Gdjjr]

That, plus I am no constitutional law expert either.

Me either, but I can read- the 10th amendment is pretty clear.

 

[DGS49]

Remember that in the Beginning, the States considered themselves to be Supreme, and the central government only controlling in some things. The Constitution reflects this. The Feds have control over ONLY the things that make sense to be centralized - coining of money, having military services, running the post office, patent office, etc. See Article I, Section 8.

EVERYTHING ELSE is reserved to the States. So if the Constitution retains some powers to the Feds, they prevail, in that area, but for all else (commercial law, property law, criminal law, estates and trusts, etc.) the States reign supreme.

Keep in mind, Congress has never been "happy" with this division of power, and has constantly tried to impinge on the powers reserved to the States. Whole DEPARTMENTS are Unconstitutional - the Department of Education, the EPA, the Department of Labor - but if you pointed that out in Congress you would probably be arrested.

The Federal Government is ABSOLUTELY PROHIBITED by the Tenth Amendment from getting into the Health Insurance business. Who knew?

 

[luchitociencia]

The Feds have control over ONLY the things that make sense to be centralized - coining of money, having military services, running the post office, patent office, etc. See Article I, Section 8.

EVERYTHING ELSE is reserved to the States. So if the Constitution retains some powers to the Feds, they prevail, in that area, but for all else (commercial law, property law, criminal law, estates and trusts, etc.) the States reign supreme.

If what you say is all Feds can control over States, then why so many movies where State and local police are in charge of a crime until the men in suits show their FBI badges and say: "we take it from here..." and the others have to leave...

 

[Gdjjr]

If what you say is all Feds can control over States, then why so many movies where State and local police are in charge of a crime until the men in suits show their FBI badges and say: "we take it from here..." and the others have to leave...

Because certain aspects make it a federal crime- like robbing a bank or kidnapping, or "gasp* assaulting a federal official, or the perpetrator had committed a federal crime in the past, maybe something like ingesting something the federal godvernment doesn't approve of- or lately because of the Homeland Security Act which eviscerates the 4th amendment by granting itself an authority because bush jr claimed it was just a goddamn piece of paper- or one of the many (too may to count) federal laws.

 

[Natural Citizen]

Yesterday my coworker corrected me when I told my student that federal law trumps state law. He was talking about the 10th Amendment and making this same argument, said something about the federal government only has jurisdiction in interstate commerce.

I heartily question some of this, since I googled to try and clarify what he was saying and found nothing. That, plus I am no constitutional law expert either. But maybe the now conservative SC is making a move to take back more powers to the states so it can override some of those pesky laws like legal abortion, immigration and public accommodation laws.

Here you go, OL. From my personal files. See attachment.