10th amendment

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Bernie Cosell

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Jun 28, 2022, 7:38:43 PMJun 28
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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
ber...@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--

Barry Gold

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Jun 29, 2022, 2:16:08 AMJun 29
to
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...

John Levine

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Jun 29, 2022, 2:17:39 AMJun 29
to
According to Bernie Cosell <ber...@fantasyfarm.com>:
>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, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

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