Here are some passages from the dissents edited from your casebook:
1. Justice Powell: “judicial enforcement of the Tenth Amendment is essential to maintaining the federal system so carefully designed by the Framers....”
2. Justice O'Connor: The principle of federalism and state-autonomy “requires the Court to enforce affirmative limits on federal regulation of the States to complement the judicially crafted expansion of the interstate commerce power.”
What are your thoughts? Does Justice O'Connor have a really good point? Remember how only Horton can hear the teeny, tiny Tenth Amendment!
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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