A federal directive that “violates the principles of state sovereignty if the federal directive restricts or infringes upon:
(a) a power or a right reserved to the state by the Tenth Amendment to the United States Constitution; or
(b) the state's rights or interests to provide for the health, safety, and welfare and promote the prosperity of the state's inhabitants.”

The first part would seem to clearly be constitutional given that the definition relies on what is explicitly reserved to the states by the constitution.

Maybe part of the argument is that a state legislature shouldn’t have any say in whether a federal law, reg, directive infringes on the state’s reserved power under Tenth Amendment and instead it should only be the state AG bringing an action in court?



[Post edited by RML Hoos at 02/19/2024 08:39AM]