How does the 10th Amendment give power to the states quizlet?
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Facts: Congress possess the Brady Act, includes an interim provision requiring local Chief Law Enforcement Officers to perform background checks on prospective gun owners. Issue: Is congress directing state executive officials to participate in a federally administered regulatory scheme unconditional/violate the 10th amendment? Holding: Yes. (5-4) Scalia Opinon: Structural: System of dual sovereignty. Cannot allow the federal government to direct the state governments, that would shift the power balance and not protect rights. Federal government acts on the people not the states directly. Can't violate the separation of power by delegating the executives power to execute laws of the land, to the states agents. It is not necessary and proper. (Fed. 39--have rights in both state and federal government) Precedent: State legislature are not subject to federal directions (New York) so neither are state executives. Policy: state legislatures taking the financial burden of implementing a federal regulatory program. Allows congress to take credit for solving the problem without the burden of tainstig the tax or doing the work, ruins accountability. *regulates CLEOs as state officers, not individuals and therefore is invalid Stevens Dissent: when congress acts under an enumerated power, it may command state judiciaries, executives and even ordinary citizens. This is a national emergency of gun violence. Commerce and N&P give the power.
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How does the Tenth Amendment limit federal powers quizlet?the national govt can operate only within its appropriate sphere. 10th amendment-states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved, respectively, to the states or the people.
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