Some federalism-related rules have clear basis in the 10th Amendment, which says powers not delegated to the US are reserved for the states. The anti-commandeering doctrine, which prohibits the federal government from compelling states to govern or regulate in a particular way, is almost explicitly derived from this Amendment; indeed, NY v. U.S., one of the definitive cases establishing anti-commandeering, specifically states that allowing federal compulsion of state action would be “counter to federalism, a core of which is enshrined in the tenth amendment.” However, other federalism-related requirements of the Constitution seem to be based on principles established in sections other than the 10th Amendment. The limitation of Congress’ commerce power is one such requirement. While the Supreme Court spent the early part of the 20th century hacking away at federalism by expanding the commerce power in cases like Jones & Laughlin and Wickard, the court later decided in Lopez to place some restraint on Congress’ commerce clause authority. Justice Kennedy’s concurrence in Lopez stated that allowing the commerce power to extend to gun possession near schools would imply that any activity could have a substantial effect on commerce and thus be regulated. …show more content…
Kennedy said this should be disallowed because it runs counter to the idea that the federal government has only limited powers. That idea of limited federal power, while stated in the 10th amendment, was established by the enumerated powers of Article 1, Section 8, especially in the necessary and proper clause. By stating that Congress may enact laws vested in it by the Constitution, the clause implies that there exist other powers not constitutionally vested, which Congress does not have. This idea of division of power established in Article is the basis for the eventual reigning-in of Congress’ previously ominous commerce power. The 11th Amendment has also been interpreted by the Supreme Court to firmly establish that the Constitution’s framers intended some degree federalist review. The 11th Amendment says the Federal Judicial power does not extend to suits where a state is a party. In Seminole Tribe, the court decided Congress’ power under section five of the 14th Amendment did not allow it to abrogate states’ rights to sovereign immunity under the 11th Amendment. In that opinion, the court said it understands “the Eleventh Amendment to stand not so much for what it says, but for the presupposition which it confirms…first that each state is a sovereign entity in our federal system; and second, that ‘[i]t is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent.’” (Quoting Hans v. Louisiana). Here, the court has repeatedly stated that the need to protect states as individual sovereign entities is a core constitutional requirement, and its reasoning comes from outside the 10th Amendment. Other portions of the …show more content…
These safeguards include the fact that federal lawmakers are elected by state constituents (after the 17th Amendment), and therefore the lawmakers will be motivated by a desire to meet the needs of those who elected them and may elect them again. This relationship ensures lawmakers are sensitive to the rights of the states and eager to protect those rights from federal intervention. This theory was essentially the basis for the Court’s ruling in Garcia. There, the Court overturned the ruling in National League of Cities, in which it had previously said Congress should be limited in its power to regulate state employment relations because of the Constitution’s recognition of state sovereignty. Garcia essentially said there is no implied limitation on federal commerce power, but instead the framers sought to protect federalism through governmental structure: things like the Electoral College and equal representation in the Senate naturally protect state interests from central control. One who buys this theory acknowledges that federalism-related rules are derived not only from the 10th Amendment, but the structure of the entire