10

TH
AMENDMENT
STATE AUTONOMY AS A LIMIT ON THE FEDERAL COMMERCE POWER
When Congress seeks to use the commerce power to regulate only the states, principles of state autonomy derived in part from
the 10
th
Amendment limit the way Congress may use the commerce power. This does NT mean that Congress is una!le to use
the commerce power to regulate the states, rather, Congress is constrained in the manner it uses its commerce power to regulate
the states.
10
th
Amendment
"The powers not delegated to the #nited $tates !y the Constitution, nor prohi!ited !y to the $tates, are reserved to the $tates
respectively, or to the people."
Judici!!" En#$%ce&!e Fede%!i'm Limit'
National %eague of Cities v. #sery &1'()*+The first case since the New ,eal to void a federal law !ased on the commerce
power. Congress e-tended the .air %a!or $tandards Act &minimum wage/ma-imum hours* to include all employees of states
and their political su!divisions. The Court &012* invalidate the e-tension of the law, concluding that Congress could not use the
commerce power to &1* impinge on essential attri!utes of state sovereignty or &3* "directly impair $tate a!ility to structure
integral operations in area of traditional governmental functions," unless the nature of the federal interest 4ustified state
su!mission to the federal regulation. (Cnn$t im)i% Stte '$*e%ei+nt",
5arcia v. $an Antonio 6etropolitan Transit Authority &1'70* 11 5arcia, an employee of the $an Antonio 6.T.A., sued for
overtime pay that would !e due if the Authority was su!4ect to the .air %a!or $tandards Act. verruling League of Cities, Court
stated that states8 residuary and inviola!le sovereignty was entrusted e-clusively to Congress for safekeeping since the !uilt1in
restraints that our system provides through state participation in federal governmental action was deemed sufficient to protect the
states8 autonomy. Court held that states are represented in Congress and our federal system, and this protection in enough against
fed. intrusion on states8 rights. (O*e%%u!ed Nti$n! Le+ue $# Citie',
New 9ork v. #nited $tates &1''3* 11 the %ow1%evel :adioactive Waste ;olicy was designed to facilitate disposal of waste !y
inducing states to form compacts for disposal of waste or to dispose of their own waste. ;olicy presented &1* monetary
incentives &ok1ta- and spending power*, &3* access incentives &ok1commerce power*, and &<* take title provision &unfunded
mandate1 NT =*. ,ivision of authority !etween federal government and states 1 when may Congress use states to implement
regulation> 10
th
Amendment arguments?"mirror image rule," "if a power delegated to Congress in the Constitution, 10
th

e-pressly disclaims any reservation of that power to the states" AN, "if power is an attri!ute of state sovereignty reserved !y
10
th
, it8s a power Constitution hasn8t conferred on Congress. Can8t reserve that which never had.
$#66A:9@ Congress may encourage states to act or Congress may act directly, !ut it can8t force the states to act. The 8take
title8 provision and unfunded mandates cross the line !etween encouragement and coercion and is !eyond Congress8 power &no
8commandeering the state legislative process8*. This is distinguished from 5arcia which deals with regulation of one of the
federal government8s enumerated powers. (C$n#ine' the men' &" -hich the Fed. /$*. cn ct0n$ c$mmndee%in+,
;rintA . #nited $tates &1''(* 11 Brady Candgun Diolence ;revention Act had provisions that reEuired chief law enforcement
officers to run a !ackground check on prospective gun purchasers. Colding@ Congress cannot compel the states to enact or
enforce a .ederal regulatory program and Congress cannot circumvent this prohi!ition !y conscripting the state officers directly.
$uch commands are fundamentally incompati!le with a Constitutional system of dual sovereignty. "Ft is an essential attri!ute of
the states retained sovereignty that they remain independent and autonomous within their proper sphere of authority."
(P%int1 'i+n!' )hi!$'$)hic! 'hi#t #%$m /%ci &c2 t$ Nti$n! Le+ue $# Citie'.,
CON/RESSIONAL TA3 4 SPEND AUTHORITY
T5ti$n0Congress may impose ta-es for any purpose so long as the ta- produces some revenue and the regulations
accompanying it are reasona!ly related to enforcement of the ta-.
S)endin+0Congress may spend, !ut may not regulate, for the general welfare of the nation. Congress may attach conditions to
the receipt of federal funds !y states, so long as the conditions are@
Clear and unam!iguous
:elated to the federal interest in particular national pro4ects or programs
Not violative of other constitutional provisions such as the Bill of :ights
Not Coercive