The Tenth Amendment versus the Treaty-Making Power under the Constitution of the United States

1928 ◽  
Vol 14 (5) ◽  
pp. 331
Author(s):  
Jay Loyd Jackson
Keyword(s):  
United States ◽  
The United States ◽  
Tenth Amendment

scholarly journals The Commerce Clause From Expansion To Extortion

2011 ◽  
Vol 7 (6) ◽  
Author(s):  
Patrick J. Reville ◽  
William A. Bottiglieri
Keyword(s):  
United States ◽  
Federal Government ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Interstate Highway ◽  
Commerce Clause ◽  
Government Power ◽  
Indian Tribes ◽  
Tenth Amendment

The Commerce Clause of the United States Constitution gave the federal government power over foreign trade, trade with the Indian tribes and trade “among several states.”  By lack of further enumeration and the passage of the Tenth Amendment to the Constitution, it would be reasonable to conclude that commerce that is truly intrastate would, therefore, be within the regulatory province of the states.  In fact, that was the interpretation initially reached and subsequently followed by the United States Supreme Court.  But in 1942, that changed and, over the course of the following 60+ years, to date the Court has concluded, by an expansive interpretation of that federal power granted, that Congress and the federal government have virtually unbridled power to regulate not only those areas that would traditionally be considered “commerce” or “interstate commerce”, but, moreover, in areas that seemingly have nothing to do with commerce, interstate, or otherwise.  This paper will trace the journey that the justices have taken down this judicial interstate highway and the methods that the federal government has employed to achieve its objectives.  Hence, the subtitle of this paper:  From Expansion to Extortion.

“The Baneful Influence of this Narrow Construction”

2019 ◽  
pp. 87-110
Author(s):  
David S. Schwartz
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
State Sovereignty ◽  
Jacksonian Era ◽  
The Supreme Court ◽  
Tenth Amendment

McCulloch v. Maryland and its principles came under attack during the Jacksonian era, and the Supreme Court under John Marshall’s successor, Roger Taney, ignored McCulloch into oblivion and reversed its thrust. The Taney Court prioritized states’ rights over federal power, to protect the constitutional position of slavery. McCulloch and Gibbons v. Ogden had refrained from committing the Court to implied commerce powers, and Gibbons also invited the Taney Court to ignore McCulloch. To the Jacksonian justices of the Taney Court, preservation of slave-state sovereignty—not the power of Congress to act for the benefit of the whole people—was the bedrock principle of the Constitution. Reserved state powers under the Tenth Amendment were sufficient to block implied federal powers. Moreover, states could regulate matters expressly delegated to the United States when conducive to exercising their reserved powers.

scholarly journals Tenth Amendment

Federalism-E ◽  
2019 ◽  
Vol 20 (1) ◽  
pp. 44-56
Author(s):  
Lucy Ackerman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Interwar Period ◽  
Historical Context ◽  
The United States ◽  
Court Case ◽  
Court Cases ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
Tenth Amendment

This paper argues that the Tenth Amendment was a beneficial compromise between the Federalists and the Anti-Federalists, and as a result the Amendment is not a truism, but instead integral to securing state sovereignty and protecting the integrity of federalism.  The paper begins by describing the historical context for the inclusion of the Amendment and the framers’ reasoning for its inclusion. The paper continues on to evaluate the Amendment from its conception until present day. The paper refutes the Amendment as a truism, displaying how the Supreme Court has significantly developed the relevance and use of the Amendment through two major time periods: the interwar period and the years following the Supreme Court case Schechter Corp. v. United States. A variety of Supreme Court cases, peer reviewed articles, and recently published news articles are employed to illustrate the Amendment’s development and relevance to federalism in the United States.

scholarly journals Federal Interference with State and Tribal Sports Betting Regulations Will Not Work: Where the Sports Wagering Integrity Act of 2018 Went Wrong and How Federal Legislation Might Be Effective

2020 ◽  
Vol 30 (2) ◽  
pp. 106-141
Author(s):  
Becky Harris
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Sports Betting ◽  
The Supreme Court ◽  
Full Complement ◽  
Repeal State ◽  
Tenth Amendment ◽  
Ballot Measure

On Monday, May 14, 2018, the Supreme Court of the United States struck a fatal blow to the federal Professional and Amateur Sports Protection Act (PASPA) when it determined PASPA violated the Tenth Amendment of the United States Constitution. Prior to the PASPA repeal, Nevada had been the only state in the United States (US) authorized to offer a full complement of legal sports betting options. Because, Nevada’s race books and sports pools have had the ability to offer wagers on sports since 1947, those legal sports betting operations were “grandfathered” into PASPA when it was passed by Congress in 1992. Having anticipated repeal as a possible outcome, four states passed laws making sports betting legal in case the Supreme Court ruled in New Jersey’s favor, and one state pre-emptively legalized sports betting through a ballot measure. With barriers removed by the PASPA repeal, state gambling regulators were able to grant licenses and adopt regulations. State legislatures were also able legalize sports wagering during their upcoming legislative sessions. And they did!

Constitutional Law in 1919–1920. II: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1919

1921 ◽  
Vol 15 (1) ◽  
pp. 52-70
Author(s):  
Edward S. Corwin
Keyword(s):  
United States ◽  
Migratory Birds ◽  
The United States ◽  
Migratory Bird ◽  
Interesting Case ◽  
Point Of View ◽  
Section 8 ◽  
Game Warden ◽  
Tenth Amendment ◽  
Migratory Bird Treaty Act

From the historical point of view no more interesting case was decided last term than that of Missouri v. Holland, in which a bill in equity brought by the state of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, and the regulations made by the secretary of agriculture in pursuance of this act was finally dismissed, Justices Van Devanter and Pitney dissenting without opinion.The objectors to the statute and the underlying treaty based their argument upon the Tenth Amendment, supplemented by the proposition that the control of migratory birds within their respective limits is a power reserved to the states, and from these premises they proceeded to draw the conclusion that “what an act of Congress could not do unaided, in derogation of the powers reserved to the states, a treaty cannot do.” But, Justice Holmes answers in his opinion for the court, the treaty-making power is expressly delegated to the United States, treaties made under the authority of the United States are the supreme law of the land, and by article 1, section 8, Congress may pass all laws necessary and proper to carry valid treaties into effect.

The Spirit of the Constitution

2019 ◽  
Author(s):  
David S. Schwartz
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
Late Nineteenth Century ◽  
Constitutional History ◽  
State Laws ◽  
Federal Authority ◽  
Federal Laws ◽  
Tenth Amendment

McCulloch v. Maryland is widely regarded as the greatest constitutional decision ever issued by the United States Supreme Court. Written in 1819 by Chief Justice John Marshall, the ruling upheld Congress’s constitutional power to create the Second Bank of the United States, recognizing the “implied powers” of Congress and the supremacy of federal over state laws. Modern constitutional scholars believe that McCulloch established the constitutional foundation for the historic expansion of federal authority in the wake of the New Deal. But The Spirit of the Constitution argues that the nationalizing potential of McCulloch has not been fully realized. Rather than establishing broad federal legislative power, McCulloch was virtually ignored for its first fifty years. Even Marshall shrank from the full nationalist reach of his own decision. When the late-nineteenth-century Supreme Court finally recognized McCulloch as a “great case,” the Court cited it more frequently when exercising judicial review to limit the powers of Congress rather than to expand them, striking down federal laws in the name of states’ rights and reserved state powers under the Tenth Amendment. Only briefly in the mid-twentieth century did the Court nearly embrace the full extent of McCulloch’s vision of implied powers, as it upheld broad federal laws regulating the economy and promoting racial equality. McCulloch’s 200-year odyssey, from 1819 to the present day, helps us understand how the “spirit” of the Constitution, and its structure of federalism, have been reinterpreted again and again throughout the eras of U.S. constitutional history.

Correlative microscopy in distrubuted (client/server) computing environments: tools for catalyzing the rapid dissemination of information about the cell biology of the human prostate

1995 ◽  
Vol 53 ◽  
pp. 682-683
Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  
Keyword(s):  
United States ◽  
Cell Biology ◽  
Tissue Bank ◽  
The United States ◽  
Prostate Adenocarcinoma ◽  
Correlative Microscopy ◽  
Client Server ◽  
Critical Elements ◽  
Transplant Organ

Prostate adenocarcinoma is the most common malignant tumor of men in the United States and is the third leading cause of death in men. Despite attempts at early detection, there will be 244,000 new cases and 44,000 deaths from the disease in the United States in 1995. Therapeutic progress against this disease is hindered by an incomplete understanding of prostate epithelial cell biology, the availability of human tissues for in vitro experimentation, slow dissemination of information between prostate cancer research teams and the increasing pressure to “ stretch” research dollars at the same time staff reductions are occurring.To meet these challenges, we have used the correlative microscopy (CM) and client/server (C/S) computing to increase productivity while decreasing costs. Critical elements of our program are as follows:1) Establishing the Western Pennsylvania Genitourinary (GU) Tissue Bank which includes >100 prostates from patients with prostate adenocarcinoma as well as >20 normal prostates from transplant organ donors.

Digital image acquisition, processing, and analysis in a polymer microscopy laboratory

1994 ◽  
Vol 52 ◽  
pp. 454-455
Author(s):  
Vinod K. Berry ◽  
Xiao Zhang
Keyword(s):  
United States ◽  
Image Analysis ◽  
Digital Image ◽  
Image Acquisition ◽  
Image Transmission ◽  
The United States ◽  
Quantitative Image Analysis ◽  
Quantitative Image

In recent years it became apparent that we needed to improve productivity and efficiency in the Microscopy Laboratories in GE Plastics. It was realized that digital image acquisition, archiving, processing, analysis, and transmission over a network would be the best way to achieve this goal. Also, the capabilities of quantitative image analysis, image transmission etc. available with this approach would help us to increase our efficiency. Although the advantages of digital image acquisition, processing, archiving, etc. have been described and are being practiced in many SEM, laboratories, they have not been generally applied in microscopy laboratories (TEM, Optical, SEM and others) and impact on increased productivity has not been yet exploited as well.In order to attain our objective we have acquired a SEMICAPS imaging workstation for each of the GE Plastic sites in the United States. We have integrated the workstation with the microscopes and their peripherals as shown in Figure 1.

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