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Article: Commandeering, the Tenth Amendment, and the federal requisition power: New York v. United States revisited.
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 1998
- Author:
CopyrightCOPYRIGHT 1998 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In New York v. United States,(1) which articulated the Supreme Court's current approach to the Tenth Amendment,(2) Justice O'Connor's majority opinion relied heavily on original understanding. "[T]he question whether the Constitution should permit Congress to employ state governments as regulatory agencies was a topic of lively debate among the Framers,"(3) wrote O'Connor, and all the justices seemed to agree on the most significant historical point: the founders generally thought that the national government should not be issuing orders to the states. That understanding led to the conclusion, accepted by six members of the Court, that "It]he Federal Government may not ...