GROUNDBREAKING U.S. SUPREME COURT DECISION ON THE NINTH AND TENTH AMENDMENTS
06-20-2011 12:44 am - The Goldwater Institute
The Ninth Amendment protects the rights not specifically enumerated in the Constitution. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment protects the rights of States and people. "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."
On June 16, 2011, the U.S. Supreme Court issued one of the best and most important decisions ever on federalism. The Court unanimously held that not just states but individuals have standing to challenge federal laws as violations of state sovereignty under the 10th Amendment. This decision is as radical in the direction of liberty as the New Deal was radical in the direction of socialism. Click here to read the decision.
In short, freedom advocates like us just got a green light from the USSC to bring more cases under the 10th Amendment. This will have huge—positive—implications for freedom so long as the current constitution of the court holds.
Here is our favorite passage: “Federalism secures the freedom of the individual. It allows States to respond, through the enactment of positive law, to the initiative of those who seek a voice in shaping the destiny of their own times without having to rely solely upon the political processes that control a remote central power.” We will put this precedent to work immediately when we file our opening brief in the Obamacare lawsuit Monday, and also in our defense of Save Our Secret Ballot against the NLRB challenge, and many more cases to come.
One other important note: Sometimes little cases make big constitutional law. This case involved a woman who was prosecuted under federal law for harassing her husband’s girlfriend—not the set of facts ordinarily creating an important precedent. Some of our cases, too, are seemingly “little” but with big principles at stake.
Freedom is making strides in the courtroom, and we’ll do our best to keep that momentum going. Thank you for your support that makes it possible.
supremecourt.gov
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