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Questions tagged [tenth-amendment]

Tenth amendment to the U.S. Constitution, which reserves unenumerated federal powers for the states or the people.

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9 votes
3 answers

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
uhoh's user avatar
  • 816
-2 votes
2 answers

Could a state enforce a law that establishes a definition of "biological sex"?

There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law? ...
BlueDogRanch's user avatar
  • 18.9k
-2 votes
2 answers

States' rights and the 14th amendment [closed]

The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "...
Andrew Brock's user avatar
1 vote
1 answer

Congressional power to protect right to travel across state lines for accessing abortion

I recently posted a question concerning the likelihood that Federal statutory protection (so far only proposed) of abortion rights might be upheld by the Court in light of the recent ruling in Dobbs. ...
brainchild's user avatar
9 votes
4 answers

Durability of Federal legislation protecting abortion rights in US

Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to ...
brainchild's user avatar
3 votes
1 answer

If Roe is overturned, could Congress still protect abortion rights?

If the Supreme Court does decide to overturn Roe and leave abortion up to the states, would passing the Women's Health Protection Act allow Congress to pre-empt any state laws prohibiting abortion, or ...
BakedAlaska624's user avatar
1 vote
1 answer

Can the FBI take custody of a defendant in a state trial if they have information the FBI needs (possibly national security related)?

The premise of the question is based on Law and Order episode America, Inc. The situation is as follows: a person is facing serious state charges (murder), a trial is underway and jeopardy has ...
JJJ's user avatar
  • 274
7 votes
1 answer

HR1 would force states to have independent districting. How does the federal gov't have authority to require this?

Section 2401-2422 of the H.R. 1 - For the People Act of 2021 would require states to set up independent districting commissions in order to prevent gerrymandering. This seems pretty clearly to ...
spacetyper's user avatar
2 votes
2 answers

Are there any restrictions on the taxes or duties a U.S. state can levy?

The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" ...
feetwet's user avatar
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8 votes
1 answer

Do American states have the power to close their borders from other states in a health emergency?

Right now there are large American states which have 50 times more Coronavirus cases in ratio/proportion than others, with hundreds of cases close to a thousand, and there are even small states where ...
Pablo's user avatar
  • 1,019