Federalism Watch: This Week's Top 10 Developments Regarding the 10th Amendment
Jun 30, 2010
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1) Supremes Rule on the 2nd. Is the 10th Next? The Supreme Court ruled this morning that the 2nd Amendment binds state and local governments. We’re still waiting for its ruling that the 10th Amendment binds the national government.
2) Laboratories of Repression. Damon Root made the case in Reason magazine that the 2nd Amendment should be protected from state and local government “experimentation.” He asked, “since the Supreme Court would never let Chicago ban free speech, establish an official religion, or conduct other “experiments” on the First Amendment, why should the Second Amendment receive any less respect?”
3) Is the 10th Amendment a silly addition? George Will poses some direct questions to Supreme Court nominee Elena Kagan, including her thoughts on the 10th Amendment. Here’s to hoping some Senators take this line of questioning up.
4) More Thoughts on Kagan. John McGinnis participated in a discussion on NPR’s “Face the Nation” where he indicated that federalism was an issue that may come up as the Senate debates how the nominee interprets the Constitution.
5) Sources of American Federalism. Kelly O’Connell discusses the fascinating and not widely understood development of federal political theory.
6) Gulf Oil Spill Greases the Skids for Federalism. The New American argues that one of the few good things to come from the BP oil disaster is Americans’ increasing realization that the federal government is incapable of handling every problem.
7) Federalism: A reason to intervene. George Washington law professor, Alan Morrison, describes three circumstances when Courts should declare statutes unconstitutional. One of the circumstances he articulates is when the judiciary is “protecting principles of federalism from congressional overreach…”
8) Utah vs. the Feds. The state of Utah continues its long-term struggle against the federal government over federal lands and funding for schools.
9) The debate. An editorial in the Knoxville News Sentinel discusses the complicated, and sometimes humorous, debates that occur in our federalist system.
10) 10th Concept of the Week – The 10th Amendment State Pledge.
There is a vibrant discussion throughout America today on federalism. “The 10,” prepared by the staff of the 10th Amendment Task Force, is a weekly summary of 10 noteworthy developments designed to provide people access to this vibrant discussion. Not all items included in “The 10” are supported or endorsed by all members of the Task Force.
If you have an item to include in the “The 10,” please contact Cody Stewart at 202 225-8411.