4 ms·
> I think you might have a federalism problem I don't recall seeing the word federalism in the Constitution. Yeah, there's the Tenth Amendment. But one could m
by dctoedt 3y ago
> I think you might have a federalism problem
I don't recall seeing the word federalism in the Constitution. Yeah, there's the Tenth Amendment. But one could make a compelling textualist argument — and perhaps even a historical one — that the Civil War Amendments were explicitly and broadly intended to trump (pardon the expression) the Tenth, and not just concerning the liberation of formerly-enslaved blacks.
Then again, some of the SCOTUS conservatives seem to move the goalposts whenever it seems good to them. And in any case, Breyer-style "traditionalism" doesn't seem to be part of their toolkit.