Anti-Commandeering


Vaccine Mandates: What Are Ya Gonna Do About It?

A lot of people are angry and upset about the recently announced vaccine mandates. But the real question is what are you going to do about it? James Madison gave us the blueprint. And the numbers suggest his strategy will work. You do the math – without state...

No Actual Comandeering Necessary

A lot of people seem to think the feds force state and local cops to work with them to enforce federal laws. But there’s no actual comandeering necessary. Cooperation with the feds is almost always voluntary. States are partners with the feds on most federal...

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...

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...

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...