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A fairly key aspect of American federalism is there are a lot of things the Feds can't force states to participate in, as provided in the Tenth Amendment. (Know
by ceejayoz 1y ago
A fairly key aspect of American federalism is there are a lot of things the Feds can't force states to participate in, as provided in the Tenth Amendment. (Known as anti-commandeering doctrine.)
- neuroelectron 1y ago[flagged]
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- deleted 1y ago[deleted]
- ujkhsjkdhf234 1y agoThis is one Supreme Court case from going away.
- actionfromafar 1y agoIn that case putting a light on that "State rights" was just talk.
- int_19h 1y agoWe already know that from numerous past attempts to restrict abortion on the federal level etc.
- ujkhsjkdhf234 1y agoRepublicans don't care as long as their side is the one owning the Fed. It's only States' Rights when Democrats are in charge of the federal.
- ggreer 1y agoSadly, Wickard v. Filburn effectively ended this.[1] Also the feds don't have to use force against the states to get compliance. They can do things like not provide funding for freeway maintenance[2], or penalize individuals for not participating (as was the case with the Affordable Care Act). 1. https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn 2. https://en.wikipedia.org/wiki/National_Minimum_Drinking_Age_Act https://en.wikipedia.org/wiki/National_Minimum_Drinking_Age_...
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- ceejayoz 1y agoEh, sorta. South Dakota v. Dole held that things like the drinking age can only be tied to related items. Road maintenance in exchange for road rules passes muster, and interstate highways is about as "interstate commerce" as you can probably get. I'm not prepared to consider the Tenth extinct just yet. That is, among other things, a "you nuke us we nuke you" scenario between the two parties. Things like drinking age work because the two parties largely agree on it.