Federalism vs. Overreach: What the Tenth Amendment Still Means Today
The Tenth Amendment, often overlooked in modern jurisprudence, holds that powers not delegated to the federal government are reserved to the states or to the people. It is the constitutional firewall between a centralized bureaucracy and local self-government.
Unfortunately, the federal government has steadily eroded this boundary, expanding its authority through dubious interpretations of the Commerce Clause, unchecked regulatory agency power, and conditional spending programs that coerce state compliance.
In response, state governments and conservative litigators have revived interest in Tenth Amendment litigation. From sanctuary city challenges to education mandates and vaccine policies, the question arises: what limits does the Constitution actually impose on Washington?
Recent decisions in cases like NFIB v. Sebelius (2012) and Dobbs v. Jackson (2022) hint at a judiciary more willing to reassert the federalist structure. But more must be done. Courts must scrutinize congressional authority and recognize the importance of local governance in preserving liberty and diversity of thought.
Our firm continues to support litigation and scholarship that reclaims the Tenth Amendment’s intended function—not as a relic, but as a shield against federal intrusion in daily life.