S.B. 1070, ACA, AND FEDERAL PREEMPTION
1070, the ACA, and Federal Preemption
S.B. 1070, the ACA, and Federal Preemption
Tenth Amendment
The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the states. In James Madison's words, a Federalist, the "… powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." (p. 166). The Tenth Amendment therefore allows states to retain their freedom, sovereignty, and right to self-determination, as long as it does not conflict with the powers conferred to the federal government by the Constitution.
Madison, however, never viewed the Tenth Amendment as restricting the construction of federal powers (Lash, 2006). Two hundred years ago the Ninth Amendment was interpreted as limiting the growth of federal powers enumerated in the Constitution. During the Federalist period, the Ninth and Tenth Amendments were therefore distinct, yet complimentary. By the late 20th century, U.S. Supreme Court jurisprudence had essentially rendered the Ninth Amendment moot when the Rehnquist Court, in a number of decisions, interpreted the Tenth Amendment as both enumerating the powers of the Federal government and strictly limiting construction. The Rule of Strict Construction was therefore tied to the Tenth Amendment by the Rehnquist Court.
Federal Preemption
The Ninth and Tenth Amendments, as interpreted by the Supreme Court, protect state rights, but the text of these amendments fail to address how to resolve conflicts between federal and state constitutions and laws. The Supremacy Clause in Article VI, paragraph 2, states that when such conflicts arise federal law preempts state law (LII, 2010a; LII, 2010b). Some examples include the Voting Rights Act passed by the U.S. Congress, which preempts all state voting laws. The Food and Drug Administration (FDA) has been given the authority to take over regulation of all
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