Law
States Don’t Have to Help the Feds
State and local governments don’t have to help the feds. They don’t have to help them enforce drug laws, or gun laws, or anything in between. And they don’t need a reason to refuse to help. View this post on Instagram A post shared by Tenth Amendment...
A Federal Supremacy Theory So Bad Even the Supreme Court Disagrees
“You have to do whatever the feds say because of the supremacy clause!” This is such a bad interpretation of the supremacy clause that even the Supreme Court disagrees. View this post on Instagram A post shared by Tenth Amendment Center...
On Originalism and Textualism
At Bloomberg, Noah Feldman: Scalia’s Ghost Is Haunting Conservative Justices. From the introduction: Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral...
Legal Theory Lexicon on Formalism and Instrumentalism
At Larry Solum’s Legal Theory Lexicon: Formalism and Instrumentalism. From the description of formalism: The core idea of formalism is that the law (constitutions, statutes, regulations, rules of procedure, and precedent) provide rules and that these rules can,...What a surprise. Another partisan hack uses the constitution to support unconstitutional acts. @mmaharrey10th pic.twitter.com/l3eiOk6EuO
— TenthAmendmentCenter (@TenthAmendment) September 16, 2021