1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • 10th amendment

    From Bernie Cosell@21:1/5 to All on Tue Jun 28 16:38:40 2022
    I'm no SCOTUS scholar but a cursory netsearch didn't reveal that the 10th amendment had been upheld {and overruled a federal law} in any cases. I'm wondering if we might be seeing an instance where it could happen. In
    Dobbs, SCOTUS _explicitly_ said that the matter should be returned to the states. OTOH the next day Mike Pence [and probably others] said that
    if/when the Republicans get complete control of the federal government
    again, they'll pass a law outlawing abortion. I realize this is already
    two layers deep in hypotheses, but.. if such a law were passed it'd seem,
    given not just the intent but the actual wording of the SCOTUS decision,
    that such a law would be in violation of the 10th amendment.

    Are there any 10th amendment rulings or opinions that'd indicate one way or
    the other if, say, New York brought a Supreme Court case arguing that such
    a federal statute violated the 10th?

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    [email protected] Pearisburg, VA
    --> Too many people, too few sheep <--

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Bernie Cosell on Tue Jun 28 23:16:05 2022
    On 6/28/2022 4:38 PM, Bernie Cosell wrote:
    I'm no SCOTUS scholar but a cursory netsearch didn't reveal that the 10th amendment had been upheld {and overruled a federal law} in any cases. I'm wondering if we might be seeing an instance where it could happen. In
    Dobbs, SCOTUS _explicitly_ said that the matter should be returned to the states. OTOH the next day Mike Pence [and probably others] said that
    if/when the Republicans get complete control of the federal government
    again, they'll pass a law outlawing abortion. I realize this is already
    two layers deep in hypotheses, but.. if such a law were passed it'd seem, given not just the intent but the actual wording of the SCOTUS decision,
    that such a law would be in violation of the 10th amendment.

    Are there any 10th amendment rulings or opinions that'd indicate one way or the other if, say, New York brought a Supreme Court case arguing that such
    a federal statute violated the 10th?

    /Bernie\


    "The 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."
    10th Amendment

    But
    The Congress shall have Power...To regulate Commerce with foreign
    Nations, and among the several States, and with the Indian Tribes

    The Supreme Court has ruled that _all_ commerce (and many things not
    normally thought of as commerce,like growing vegetables for your own
    table) is "Commerce among the several States". https://en.wikipedia.org/wiki/Wickard_v._Filburn

    Medical care is a form of commerce, hence the Federal Government can
    regulate it if they choose. Congress can make it illegal throughout the
    United States. Congress can also make it legal throughout the United
    States, overridding state laws to the contrary.

    Unless the Supremes overturn Wickard.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Tue Jun 28 23:17:36 2022
    According to Bernie Cosell <[email protected]>:
    Are there any 10th amendment rulings or opinions that'd indicate one way or >the other if, say, New York brought a Supreme Court case arguing that such
    a federal statute violated the 10th?

    It's hard to say. The CRS annotated constitution has a lot of case
    law, very little of which seems directly relevant.

    https://constitution.congress.gov/browse/amendment-10/

    --
    Regards,
    John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)