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@WilliamSchooler , All of us at the Tenth Amendment Center agree with you about the US supreme court .The Constitution does not make the federal supreme court the final arbiter nor is it the sole, exclusive authority on whether a federal law is constitutional.
The States did not create a centralized government that would have the authority to decide for itself the limits of its own powers, nor did they give up their right to judge the constitutionality of federal laws.
The federal supreme court was to decide, as the last resort, disputes among the authorities of the other two branches of the federal government, not in relation to the rights of the parties to the constitutional compact and the federal government. The “parties to the constitutional compact” being, of course, the peoples of the states.
I believe you are referring to the section in the above article which has language taken exactly from the legislation, ACR50. (" Additionally, this resolution notes that in New York v. United States, 505 U.S. 144 (1992), the United States Supreme Court ruled that Congress may not simply commandeer the legislative and regulatory processes of the states.")
Perhaps it is unfortunate that statement is included in the bill. One could construe from that an acknowledgement of final authority, which the US supreme court does not hold. Removal of that statement would improve this bill, no doubt.
Good catch on your part. Thank you!
2 years, 10 months ago on New Jersey Tenth Amendment resolution on the table