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has there every been any major rulings on the 10th amendment? I think this should be the issue here.
by tmaly 6y ago
has there every been any major rulings on the 10th amendment? I think this should be the issue here.
- voxic11 6y agoYeah there was a recent one which nullified the federal ban on sportsbetting because the federal government didn't directly ban sportsbetting, instead it banned the states from enacting any new laws which legalized sportsbetting. The reasoning was that the federal government may be able to enact and enforce laws on sportsbetting, but it cannot force the state governments to continue to enforce their laws on sportsbetting if their legislatures want to stop. https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf
- jcranmer 6y agoThe Tenth Amendment doesn't mean what most of these arguments would have it mean. The disputes center on the limits of federal power, and here the Tenth Amendment merely tautologically says that the federal government doesn't have any power it doesn't have. Because of the Supremacy Clause, the states don't have any power to overrule the federal government, so the rest of it doesn't really apply. It should be noted that the original version of the text said "The powers not expressly delegated", but this version of text failed to pass Congress. It was only after deleting that word that the amendment passed. That one word change is key, since including that word would mean what people in these arguments want it to mean, so its intentional omission destroys those arguments.
- tmaly 6y agomaybe we need to put that word back in.