The Tenth Amendment and the Supreme Court

[Brian Defferding]

What are some Supreme Court cases that have sided with the Tenth Amendment?

It seems often in debates with pro-statists, they cite the Necessary and Proper Clause and the Commerce Clause as well as the Supreme Court decisions that voted in their favor (like McCulloch vs. Maryland (http://en.wikipedia.org/wiki/McCulloch_v._Maryland)). What decisions can we use to throw back at them?

[Brian Defferding]

http://2.bp.blogspot.com/_hn1VNmfp78w/SR-5bqd6AEI/AAAAAAAAAKo/f0Kpf5Ku2Ug/s320/bueller_ben_stein_2_small.jpg

[RedStripe]

Commerce Clause Cases:
Heart of Atlanta Motel v. United States
Katzenbach v. McClung
Perez v. United States
United States v. Morrison
Gonzales v. Raich
Jones v. United States
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers

Cases w/r/t limits on federal power, the federal structure, 10th amendment and state sovereign immunity:
National League of Cities v. Usery
Garcia v. San Antonio Metropolitan Transit Authority
Printz v. United States
Alden v. Main

[RedStripe]

Not all of those "support" the 10th Amendment, but they are important to understand if you're going to debate 10th Amendment jurisprudence.

[thomj76]

Please remember what necessarily and properly introduces the Tenth Amendment. Whats the answer?

Bueller....Bueller...Anyone...

The Ninth Amendment...

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Tenth Amendment...

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.


...and they were Amendments 11 & 12 originally...

[Brian Defferding]

Commerce Clause Cases:
Heart of Atlanta Motel v. United States
Katzenbach v. McClung
Perez v. United States
United States v. Morrison
Gonzales v. Raich
Jones v. United States
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers

Cases w/r/t limits on federal power, the federal structure, 10th amendment and state sovereign immunity:
National League of Cities v. Usery
Garcia v. San Antonio Metropolitan Transit Authority
Printz v. United States
Alden v. Main


Not all of those "support" the 10th Amendment, but they are important to understand if you're going to debate 10th Amendment jurisprudence.

Thanks, those help.

[RedStripe]

No problem. I've got like three massive textbooks on Con Law so I'm glad to be able to put it to use.