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The Progressive movement's attempts to circumvent federalism date to the beginning of the 20th century, so you can hardly cite a 1941 case to defend your assert
by Strang 14y ago
The Progressive movement's attempts to circumvent federalism date to the beginning of the 20th century, so you can hardly cite a 1941 case to defend your assertion. That was four years after FDR's court packing scheme and eight years after the formation of the National Recovery Administration.
As far as I can tell, you only see the Tenth Amendment as a tautology because you take for granted the makeup and principles of the American government. It was not at all a given at the time that the Federal government would leave sovereignity to the states and only exercise certain defined powers. For example, it has largely ceased to do so today, in violation of the Tenth Amendment.