In New York v US (1992), SCOTUS handled an important issue – could the federal government force state legislatures to enact certain laws? The answer is no. SCOTUS held that the feds could offer money to the states with strings attached, or Congress could preempt state laws and impose a uniform standard nationwide. But in referencing the 10th Amendment, SCOTUS said “the Constitution divides authority between federal and state governments for the protection of individuals.” Excuse me?!? The 10th Am. says the feds ONLY get the power expressly granted to them by the US Constitution, and other powers (not expressly forbidden to the states by the US Constitution) are reserved to the states “OR TO THE PEOPLE.” States don’t automatically get ALL other powers. So where do states get their powers? The State Constitutions. If the people did not expressly delegate a power to the state government in their state constitution, the state government does NOT have that power. PERIOD. #WeThePeople

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