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January 31, 2024

States invoke the Tenth Amendment to challenge federal directives

KFF (Kaiser Family Foundation)
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Lii / Legal Information Institute
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Utah, Texas claim Tenth Amendment to reject federal mandates

James MadisonJames Madison pressed for clear limits on federal power during ratification and sponsored the Tenth Amendment to reassure states about reserved rights.

The Supreme Court in McCulloch v. Maryland (1819) endorsed broad federal powers under the Necessary and Proper Clause, shifting the balance away from a narrow reading of the Tenth Amendment.

Courts and Congress have at times centralized authority during Reconstruction and the New Deal, and federal preemption has shaped modern disputes over health, immigration and reproductive care.

The Supreme Court in NFIB v. Sebelius (2012) held that the Medicaid expansion was coercive under the Spending Clause but otherwise upheld large parts of the Affordable Care Act, leaving states with complex choices.

Utah passed S.B.57 (Utah Constitutional Sovereignty Act) and Gov. Spencer J. Cox signed it on Jan. 31, 2024. The law creates a legislative mechanism to bar state officials from enforcing federal directives until courts rule otherwise.

Texas passed S.B.4 and Gov. Greg AbbottGreg Abbott signed it on Dec. 18, 2023; the law's criminal and removal provisions prompted immediate federal lawsuits and piecemeal court proceedings in early 2024.

📜Constitutional Law🎓Education

What you can do

1

understanding

Study Supreme Court tests and doctrines that limit state resistance

Learn the specific legal tests courts apply to preemption, commandeering and Spending Clause coercion

2

learning more

Follow litigation centers and constitutional law experts

Track current federalism cases and scholarly analysis to see how state sovereignty statutes fare in court

3

practicing

Prepare know-your-rights plans for public interactions

Memorize key phrases and document steps before protests or enforcement encounters to protect civil rights

4

civic action

Use official complaint processes when your federal rights are violated

File the proper forms and meet deadlines to document violations with federal agencies and civil rights offices