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Ocelot II

(121,648 posts)
7. States' rights come into play as long as there's no express federal law that's contrary to a state law.
Sat Nov 9, 2024, 02:46 PM
Nov 9

That's the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Printz v. United States held that Congress could not compel state officers to execute federal law (interim provision of Brady law requiring local law enforcement to do background checks for gun purchases held unconstitutional under 10th Amendment). Here's a good explanation of how the 10th Amendment might be used following the repeal of Roe: https://www.brennancenter.org/our-work/analysis-opinion/fair-weather-federalism-strategic-uses-10th-amendment

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