Tenth amendment to the U.S. Constitution, which reserves unenumerated federal powers for the states or the people.
Questions tagged [tenth-amendment]
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Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?
While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be appealed to a US Federal Court because (if I…
uhoh
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Durability of Federal legislation protecting abortion rights in US
Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to enshrine these freedoms in federal…
brainchild
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Do American states have the power to close their borders from other states in a health emergency?
Right now there are large American states which have 50 times more Coronavirus cases in ratio/proportion than others, with hundreds of cases close to a thousand, and there are even small states where cases are zero or near to zero. Do American…
Pablo
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HR1 would force states to have independent districting. How does the federal gov't have authority to require this?
Section 2401-2422 of the H.R. 1 - For the People Act of 2021 would require states to set up independent districting commissions in order to prevent gerrymandering. This seems pretty clearly to infringe on state's rights, and doesn't seem like it…
spacetyper
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If Roe is overturned, could Congress still protect abortion rights?
If the Supreme Court does decide to overturn Roe and leave abortion up to the states, would passing the Women's Health Protection Act allow Congress to pre-empt any state laws prohibiting abortion, or does the Tenth Amendment prevent this?
BakedAlaska624
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Are there any restrictions on the taxes or duties a U.S. state can levy?
The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" which grants the federal government authority to…
feetwet
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Congressional power to protect right to travel across state lines for accessing abortion
I recently posted a question concerning the likelihood that Federal statutory protection (so far only proposed) of abortion rights might be upheld by the Court in light of the recent ruling in Dobbs.
As a related matter, lawmakers in some states…
brainchild
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Can the FBI take custody of a defendant in a state trial if they have information the FBI needs (possibly national security related)?
The premise of the question is based on Law and Order episode America, Inc. The situation is as follows: a person is facing serious state charges (murder), a trial is underway and jeopardy has attached. Then the FBI approaches the DA to say that…
JJJ
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Could a state enforce a law that establishes a definition of "biological sex"?
There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law?
Currently, there is a bill in the Montana legislature that seeks to…
BlueDogRanch
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States' rights and the 14th amendment
The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "states' rights" kind of issue.
My #1 question then is,…
Andrew Brock
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