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The federal government increased its powers under the presidency of Barack Obama (2009–2017), and to an extent, the powers of the state governments also grew. In 2011, scholar Gillian Metzger discussed that "national developments entail some preemption and new state burdens.
Justice Sandra Day O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (e.g. attach conditions to the receipt of federal funds, see South Dakota v. Dole, [22]) or through the commerce power (directly pre-empt state law). However, Congress cannot directly compel states to ...
The tide against federal power in the Rehnquist court was stopped in the case of Gonzales v. Raich, 545 U.S. 1 (2005), in which the court upheld the federal power to prohibit medicinal use of cannabis even if states have permitted it. Rehnquist himself was a dissenter in the Raich case. [citation needed]
A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual ...
Each state is itself a sovereign entity, and as such, reserves the right to organize in any way (within the above stated parameter) deemed appropriate by its people. As a result, while the governments of the various states share many similar features, they often vary greatly with regard to form and substance. No two state governments are identical.
In doing so, he reignited a debate as old as the nation over the division of power and authority between the federal government and the states. Trump's 'I alone can fix it' view and state powers ...
The Constitution creates a Federal Government of enumerated powers." For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause. [citation needed] In National Federation of Independent Business v.
However, federal statutes and treaties must be within the parameters of the Constitution; [3] that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution ...