8 Anti Commandeering - Constitutional Law

Grounds for Challenge > Outside Scope of Enumerated Powers > Enumerated Powers

10th Amendment

Anti-Commandeering

Federalism and the concept of two independent sovereigns function as a limit on federal power. When the federal government compels affirmative state action or impresses into its service state enforcement officials for its own federal purposes, the lines of political accountability are blurred, and federalism is undermined. The federal government retains the power to preempt state laws under the Supremacy Clause (which nullifies any duties or liberties created by the preempted law), impose a negative duty to refrain from enforcing a preempted state law or refrain from some other activity, regulate state officials...