Printz then appealed.A bitterly divided Court agreed with Printz. Compare INS v. Chadha, 462 U. S. 919 (1983), in which the legislative veto, though enshrined in perhaps hundreds of federal statutes, most of which were enacted in the 1970's and the earliest of which was enacted in 1932, see id., at 967-975 (White, J., dissenting), was nonetheless held unconstitutional. It is hard to imagine a more unequivocal statement that state. Even assuming, moreover, that the Brady Act leaves no "policymaking" discretion with the States, we fail to see how that improves rather than worsens the intrusion upon state sovereignty. 19 Unlike the majority's judicially crafted rule, the statute excludes from its coverage bills in certain subject areas, such as emergency matters, legislation prohibiting discrimination, and national security measures. Hamilton made clear that the new Constitution, "by extending the authority of the federal head to the individual citizens of the several States, will enable the government to employ the ordinary magistracy of each in the execution of its laws." Act of July 20,1790, ch. See ante, at 945, 959 (STEVENS, J., dissenting). that plainly refers only to powers that are "not" delegated to Congress, it provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." As we explained in Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528 (1985): "[T]he principal means chosen by the Framers to ensure the role of the States in the federal system lies in the structure of the Federal Government itself. The fact that our earliest opinions in this area, see Testa; Second Employers' Liability Cases, written at a time when the question was far more hotly contested, The majority's reinterpretation of Testa also contradicts our decision in FERG. See California v. Superior Court of Cal., San Bernardino Cty., 482 U. S. 400, 407 (1987). 33 Indeed, presuming that the majority has correctly read the Supremacy Clause, it is far more likely that the founders had a special respect for the independence of judges, and so thought it particularly important to emphasize that state judges were bound to apply federal law. 96. § 133108(B) (1989). VI, cl. Acting Solicitor General Dellinger argued the cause for the United States in both cases. 16. The Supreme Court case of Printz v. United States. C. Rossiter, Alexander Hamilton and the Constitution 199 (1964). When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.
Ibid. 28, at 180-181 (A. Hamilton). In these cases, the federal statute is not even being applied to any state official. The constitutional practice we have examined above tends to negate the existence of the congressional power asserted here, but is not conclusive. Pp. B) Whig party.
Although the fact that the Court has italicized the word "automatically" may give the reader the impression that it is a word Hamilton used, that is not so. 66 F.3d 1025 (1995). Pp. Justice Antonin Scalia's opinion alluded to both the limits of the Commerce Clause and to the Tenth Amendment to the Constitution, which grants to the states powers that the … II). The fact that the distinction did not provide an adequate basis for curtailing the power of Congress to extend the coverage of the Fair Labor Standards Act to state employees does not speak to the question whether it may identify a legitimate difference between a directive to local officers to provide information or assistance to the Federal Government and a directive to a State to enact legislation. P. 935. 211, 239-240 (1995) (holding legislated invalidation of final judgments to be categorically unconstitutional). JUSTICE SOUTER finds "[t]he natural reading" of the phrases "'will be incorporated into the operations of the national government'" and "'will be rendered auxiliary to the enforcement of its laws'" to be that the National Government will have "authority ... , when exercising an other-, wise legitimate power (the commerce power, say), to require state 'auxiliaries' to take appropriate action." As a general matter, Con-. 2365 (1997), argued 3 Dec. 1996, decided 27 June 1997 by vote of 5 to 4; Scalia for the Court, O’Connor and Thomas concurring, Stevens, Souter, Ginsburg, and Breyer in dissent. While the CLEOs are subjected to no federal requirement that they prevent the sales determined to be unlawful (it is perhaps assumed that their state-law duties will require prevention or apprehension), they are empowered to grant, in effect, waivers of the federally prescribed. 44, and goes on to give more numerous examples of state executive agency than Madison did; all of them, however, involve not state administration of federal law, but merely the implementation of duties imposed on state officers by the Constitution itself: "The executive authority of the several states may be often called upon to exert Powers or allow Rights given by the Constitution, as in filling vacancies in the senate during the recess of the legislature; in issuing writs of election to fill vacancies in the house of representatives; in officering the militia, and giving effect to laws for calling them; and in the surrender of fugitives from justice." 44, at 307. 36, p. 221 (C. Rossiter ed.
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