Wednesday, August 31, 2011

The Volokh Conspiracy » The Tenth Amendment and Sovereignty

Kendall is correct. Anyone, tea partier or not, who claims that the states retain full “sovereignty” after 1789 doesn’t know what he is talking about.

Kendall’s next sentence, however, doesn’t follow at all: “The Tenth Amendment does not give tea partiers, or anyone else, a constitutional basis for rolling back critical laws that protect Americans’ health, safety, and retirement security.”


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