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10th Amendment

Toy army figures and a small American flag on a map of the United States | Illustration: Eddie Marshall | Butenkow | Dreamstime.com | Midjourney

Federalism

Pentagon Draws Up Plans To Send Troops to American Cities

The Trump administration is considering plans for a "Reaction Force" of National Guard troops to deploy quickly to American cities with signs of civil unrest.

Tosin Akintola | 8.13.2025 1:49 PM

U.S. Attorney General Pam Bondi, with ICE agents in the background | Illustration: Eddie Marshall | CNP | AdMedia | SIPA |Newscom | Mariakray | Dreamstime.com

Immigration

History Isn't on the DOJ's Side in Its Case Against NYC's Sanctuary Policies

The Trump administration's lawsuit against New York City challenges decades of sanctuary policies and local independence.

Tosin Akintola | 7.29.2025 7:00 AM

SanctuaryCity2 | NA

Sanctuary Cities

Federal Court Rejects Trump Lawsuit Challenging Illinois Sanctuary Policies

The court ruled the state and local policies are protected by the Tenth Amendment.

Ilya Somin |The Volokh Conspiracy | 7.28.2025 6:02 PM

firearm sound suppressors | DPST/Newscom

Gun Control

Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes

The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.

Jacob Sullum | 7.7.2025 2:45 PM

California National Guard members in Los Angeles | Apex/Mega/DFBEV/Newscom

Executive Power

The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes

Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.

Jacob Sullum | 6.20.2025 2:30 PM

President Donald Trump at the G7 summit | Kyodo/Newscom

Executive Power

Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It

The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.

Jacob Sullum | 6.18.2025 4:05 PM

President Donald Trump at the G7 summit | Michael Kappeler/Pool/IMAGO/dts/Nachrichtenagentur/Newscom

Military

Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad

On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.

Jacob Sullum | 6.16.2025 3:55 PM

President Donald Trump on the South Lawn of the White House | Tom Williams/CQ Roll Call/Newscom

Rule of law

The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness

U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.

Jacob Sullum | 6.13.2025 12:00 PM

California Gov. Gavin Newsom | Hector Amezcua/TNS/Newscom

Trump Administration

Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment

In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.

Jacob Sullum | 6.10.2025 4:00 PM

An illustration of Texas surrounded by a border wall | Illustration: Joanna Andreasson/ChatGPT-4

Politics

Secession Is Back in Style in Texas

Can't Americans all just get along? Maybe we can't—and perhaps we shouldn't have to.

Brian Doherty | 10.13.2024 6:00 AM

President George W. Bush signs the Protection of Lawful Commerce in Arms Act | Illustration: Lex Villena; Paul Morse, White House

Guns

A Case That Pits Gun Rights Activism Against Federalism

Gun control advocates may embrace the 10th Amendment.

Damon Root | 8.19.2022 10:55 AM

TaxReturn

Taxes

Supreme Court Definitively Ends the SALT Tax Deduction Case

The highly dubious lawsuit filed by four blue states against the the law capping federal tax deductions for state and local taxes is now truly dead in the water.

Ilya Somin |The Volokh Conspiracy | 4.18.2022 8:26 PM

Supreme Court

Supreme Court Denies Certiorari in Blue State Challenge to Cap on SALT Deduction

An utterly meritless suit ends not with a bang, but a whimper.

Jonathan H. Adler |The Volokh Conspiracy | 4.18.2022 11:21 AM

krtphotoslive846975 | Curtis Compton/TNS/Newscom

War

These Bills Would Keep the National Guard Out of Unconstitutional Wars

“Defend the Guard” laws would keep state troops out of conflicts that Congress hasn’t authorized.

Fiona Harrigan | 2.7.2022 4:05 PM

Sonia-Sotomayor-4-23-21-Newscom | CNP/AdMedia/Sipa/Newscom

Vaccine mandates

Defending OSHA's Vaccine Mandate, Sonia Sotomayor Says 'I'm Not Sure I Understand the Distinction' Between State and Federal Powers

The justice's reference to a national "police power" raised some eyebrows.

Jacob Sullum | 1.10.2022 2:55 PM

TaxReturn

Federalism

The (Likely) End of the SALT Tax Deduction Litigation

Four blue states' misguided legal challenge to the cap on the SALT tax deduction suffered a well-deserved defeat in the Second Circuit. The case is likely over.

Ilya Somin |The Volokh Conspiracy | 10.6.2021 11:37 AM

dreamstime_xl_8631531 | Photo 8631531 © Scott Griessel | Dreamstime.com

Technology

Conservative Attacks on 'Big Tech' Are Turning the Constitution on Its Head

No, states can't use the 10th Amendment to overturn the First Amendment.

Steven Greenhut | 6.4.2021 8:00 AM

dpaphotosfour546471 | Andrew Harrer/picture alliance / Consolidated/Newscom

10th Amendment

Liberals Have Rediscovered the 10th Amendment's Value During the Coronavirus Pandemic

Will they keep it in mind even if Joe Biden becomes president?

Ira Stoll | 5.26.2020 10:30 AM

puppy-and-kitten-pixabay | Gerhard Gellinger/Pixabay

Commerce Clause

Puppies and Kittens Trump the Constitution

The new federal ban on animal cruelty converts the Commerce Clause into a general police power.

Jacob Sullum | 11.13.2019 12:01 AM

spnphotosnine443232 | Oliver Contreras/CNP/AdMedia / SplashNews/Newscom

Supreme Court

Trump Administration Asks Supreme Court to Hear Sanctuary Cities Case

The constitutional showdown over federalism and immigration approaches SCOTUS.

Damon Root | 11.4.2019 11:35 AM

CaliforniaFlag3 | California

Sanctuary Cities

Trump Administration Seeks Supreme Court Review of California "Sanctuary State" Case

California has largely prevailed in the lower courts, and the administration's petition focuses on the part of the law with the strongest backing from Supreme Court federalism precedent. It's a case the administration deserves to lose.

Ilya Somin |The Volokh Conspiracy | 10.29.2019 3:47 PM

TaxReturn

Volokh Conspiracy

Federal Court Rules Against Blue-State Lawsuit Challenging Constitutionality of Cap on Federal Tax Deduction for State and Local Tax Payments

The court rejected the four states' claims that the cap on the SALT deduction enacted in the 2017 tax act violated the Tenth Amendment and "coerced" states.

Ilya Somin |The Volokh Conspiracy | 10.7.2019 11:51 AM

Sanctuary Cities

'Making Federalism Great Again'—My Forthcoming Texas Law Review Article on the Litigation Generated by Trump's Assault on Sanctuary Cities

My newly posted article explains how the administration's efforts have had the unintended effect of strengthening judicial protection for state autonomy.

Ilya Somin |The Volokh Conspiracy | 3.6.2019 5:46 PM

Large image on homepages | Michael Brochstein/Sipa USA/Newscom

Sanctuary Cities

A Supreme Court Decision About Sports Betting May Help Protect Sanctuary Cities from the Feds

A rule covering immigration communications between state and federal officials may be unconstitutional.

Scott Shackford | 7.27.2018 1:50 PM

Large image on homepages

Smoking Bans

National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says

Tenants are challenging a HUD rule that requires local public housing authorities across the country to prohibit people from smoking in their homes.

Jacob Sullum | 7.23.2018 2:15 PM

TaxReturn

Volokh Conspiracy

Four Blue States File Dubious Lawsuit Against Cap on Federal Tax Deduction for State Tax Payments [updated with brief response to Michael Ramsey]

The lawsuit contends that the Constitution requires a federal tax deduction for "all or a significant portion" of state income tax payments. It relies on badly flawed constitutional arguments to try to prop up a badly flawed policy.

Ilya Somin |The Volokh Conspiracy | 7.19.2018 4:50 PM

Large image on homepages | Curtis Perry

Law & Government

The Constitutional Case for California's Sanctuary State Laws

The feds may commandeer local police into administering neither federal gun control nor federal immigration policy.

Damon Root | 5.22.2018 6:00 AM

Large image on homepages

California

California Steps Up Its Role as Voice of Trump 'Resistance'

Looking toward the Tenth Amendment.

Steven Greenhut | 12.22.2017 12:01 AM

Large image on homepages

Supreme Court

Today at SCOTUS: Does the Federal Ban on Sports Gambling Violate the 10th Amendment?

The Supreme Court hears oral arguments in Christie v. N.C.A.A.

Damon Root | 12.4.2017 7:45 AM

Large image on homepages

Supreme Court

Coming Soon to SCOTUS: Federal Sports Betting Ban vs. the 10th Amendment

What's at stake next week in Christie v. N.C.A.A.

Damon Root | 11.30.2017 10:45 AM

Large image on homepages

Donald Trump

Why Trump Deserves to Lose in Federal Court on Sanctuary Cities

The president's executive order is unconstitutional under the 10th Amendment and the separation of powers.

Damon Root | 11.21.2017 4:45 PM

Large image on homepages | Tanat Loungtip / Dreamstime

Food Freedom

Maine Food Sovereignty Bends but Doesn't Break After USDA Threats

Law amended to make sure meat processors comply with federal regulations.

Baylen Linnekin | 10.28.2017 8:00 AM

Large image on homepages

Supreme Court

3 Supreme Court Cases to Watch in Fall 2017

What's at stake in the new SCOTUS term

Damon Root | 10.2.2017 9:50 AM

Large image on homepages

Reasontv

Stossel: The Best Part of the Constitution

Celebrate Constitution Day!

John Stossel and Maxim Lott | 9.17.2017 7:23 AM

Large image on homepages

Supreme Court

In Major Federalism Case at SCOTUS, New Jersey Fights to Legalize Sports Gambling

The Supreme Court will hear arguments in Christie v. National Collegiate Athletic Association this fall.

Damon Root | 8.24.2017 9:20 AM

Large image on homepages | Bsenic

Farming

PRIME Act Would Help Put the 'Local' Back in Local Meat Production

States could set their own rules for meat that's processed and sold within their own borders.

Baylen Linnekin | 6.17.2017 8:00 AM

Large image on homepages | Public domain

Law & Government

Will Liberals Learn to Love the 10th Amendment?

It's Trump vs. Scalia when cities offer sanctuary to immigrants.

Damon Root | 2.4.2017 6:00 AM

Large image on homepages | Gage Skidmore / photo on flickr

Politics

Advice to the New Republican Congress: Don't Pass More Laws

GOP should put the wish lists away and let state and local governments manage themselves.

Ira Stoll | 11.11.2014 1:30 PM

Politics

Judge Alex Kozinski: From Communist Romania to the 9th Circuit Court of Appeals

One of our most controversial jurists talks about free speech, cell phones, and how bubble gum made him a capitalist.

Matt Welch and Todd Krainin | 3.8.2013 10:53 AM

Politics

Obama's Confusing Federalism: Gay Marriage, Yes; Medical Marijuana, No

The president has perplexing relationship with the Tenth Amendment

Scott Shackford | 1.22.2013 5:23 PM

Policy

How the Feds Turned Revenge Against Cheating Husband's Mistress into Act of Terrorism

Supreme Court shows some relevant timing taking on the case of a federal law run amok

Scott Shackford | 1.18.2013 6:28 PM

Policy

States Aren't Waiting for Supreme Court on Gay Marriage

Illinois and Rhode Island move forward with own plans

Reason Staff | 1.4.2013 6:00 PM

Politics

States' Rights Aren't the Enemy in Gay Marriage Battle

Scott Shackford | 5.11.2012 2:41 PM

Politics

Oath Keepers Founder Stewart Rhodes Wants to Recall Montana Legislators Who Voted for the Defense Bill [Updated]

Lucy Steigerwald | 12.27.2011 6:30 PM

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