Anti-Commandeering
When it comes to protecting the #2ndAmendment, state-level Republicans are always looking for permission - creating weird processes, or waiting on an AG or a court to give them the green light before they do anything.
— TenthAmendmentCenter (@TenthAmendment) March 25, 2021
This isn't necessary. @mmaharrey10th pic.twitter.com/k3O37VCjDV
Stop Asking Permission Where None Is Required
Republicans need to learn a lesson from Democrats who pushed through marijuana legalization in the early days. They didn’t ask for permission. They just legalized weed and stopped enforcing federal marijuana laws. Republicans could nullify federal gun control in...Contrary to what they might tell you, under the #constitution - and even #SupremeCourt precedent - the feds can't require states to help them enforce or implement federal programs. @mmaharrey10th pic.twitter.com/g1njEeQNI8
— TenthAmendmentCenter (@TenthAmendment) February 4, 2021
States Don’t Need a Reason
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...Even the #SupremeCourt agrees: The feds have very limited power to push states with funding threats. So the states should just nullify - and nullify some more! @mmaharrey10th pic.twitter.com/bUQ36d9vgN
— TenthAmendmentCenter (@TenthAmendment) February 1, 2021
Debunking a Persistent Myth
Whenever we talk about a state refusing to cooperate with the enforcement of a federal law or the implementation of a federal program, some naysayer will almost always tell us, “That won’t work! The feds will just cut funding to that state.” But the...
Anti-Commandeering: The Top-6 Questions
The most effective way to nullify federal programs is to use James Madison’s advice, “a refusal to cooperate with officers of the Union,” which the Supreme Court has repeatedly validated as the anti-commandeering doctrine. Answering the most common questions about its...