The Supreme Court has consistently held that state and local governments don’t have to enforce federal laws or implement federal programs. This is known as the anti-commandeering doctrine.
People have become more aware of this important state power, but a lot of folks still think there has to be a constitutional justification to, as James Madison put it, “refuse to cooperate with officers of the union.” This isn’t true. State and local governments don’t have to have any reason at all other than they don’t want to.
For Further Reading
Anti-Commandeering Doctrine: An Introduction
Anti-Commandeering: An Overview of Five Major Supreme Court Cases
The Blueprint: James Madison’s Advice
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He is from the original home of the Principles of '98 - Kentucky and currently resides in northern Florida. See his blog archive here and his article archive here.He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty., and Constitution Owner's Manual. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE
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