Liberals Have Rediscovered the 10th Amendment’s Value During the Coronavirus Pandemic – Reason
Amid the grim coronavirus news of death and unemployment, at least there is the comic relief of the left embracing the Tenth Amendment.
Suddenly trendy is the provision of the Bill of Rights that "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."
The rush to the Tenth came in response to President Trump'sstatementon May 22. "I call upon governors to allow our churches and places of worship to open right now," Trump said."The governors need to do the right thing and allow these very important, essential places of faith to open right now, for this weekend.If they don't do it, I will override the governors."
The editor of Mother Jones, a left leaning magazine, Clara Jeffrey, wasn't having it. "To be clear, Trump can't do [expletive] to force churches/temples/mosques to open. Little thing called the 10th Amendment," shetweeted.
The White House correspondent of the PBS Newshour, Yamiche Alcindor, made the same point. "Pres Trump says he will 'override the governors' if they don't follow new CDC guidance and open places of worship this weekend. Context: The 10th Amendment of the Constitution says powers not delegated to federal government are reserved to the states," Alcindortweeted.
A Democratic congressman from California, Jared Huffman, and a Democratic congressman from Maryland, Jamie Raskin, issued ajoint statementaccusing Trump of "breathtaking arrogance," and of threatening "to trample the sovereign powers of the states under American federalismand the rights of the people under the First Amendment and the Tenth Amendment."
Rachel Laser of Americans United for Separation of Church and State insisted that Trump lacks the power to override the governors. "The Tenth Amendment to the Constitution forbids the federal government from strongarming the states," Laser said, asquoted by Politico's Josh Gerstein.
What's amusing about this? Well, it's the humor of contrasting it with the attitude toward federal supremacy and states' rights that had obtained some years back, when the Democrats controlled the White House, and when "states rights" was the cry of segregationists, not social-distancers.
A front-page newsarticle in The New York Times back in 2010, when President Obama, a Democrat, was in the White House, cast doubt on states' rights efforts.
"Article 6 of the Constitution says federal authority outranks state authority, and on that bedrock of federalist principle rests centuries of back and forth that states have mostly lost, notably the desegregation of schools in the 1950s and '60s," the Times reported then. The Times quoted a law professor,Ruthann Robson, who claimed, "Article 6 says that that federal law is supreme and that if there's a conflict, federal law prevails."
A different New York Timesarticlefrom 2010 described the Tenth Amendment as "The Tea Party's favorite part of the Constitution," a reference to the grassroots "Taxed Enough Already" movement that was then organizing protests against Obama's policies.
Anda third Times article from 2010, reporting on Elena Kagan's confirmation hearing, observed, "Tea Party supporters believe that much of what the federal government regulates should be left to the states, where voters hold a shorter leash. For this reason, they embrace a strict interpretation of the 10th Amendment, which says that the powers not delegated to the federal government by the Constitution 'are reserved to the states respectively, or to the people.'"
Back in 1996, when a different Democrat, Bill Clinton, controlled the White House, a Timeseditorialcomplained, "A headstrong five-justice majority is driving the Supreme Court toward a revolutionary, indeed reactionary, interpretation of federalism, tilting the balance dangerously toward states' rights at the expense of Federal power."
It's hard to avoid the conclusion that support for states' rights or federal power is dependent on whether your guy is the one in the White House giving the orders or the one in the governor's mansion being ordered around. It's less principled or consistent that it is partisan and situational.
The right can vacillate on these matters, too. That's particularly true in religious freedom cases. A strong historical legal case can be made that the First Amendment prohibition on establishing a religion was intended as a restriction on the federal government, not the states. So some conservatives have resisted using federal power to strike down, say, state school prayers or depictions of the Ten Commandments in state courthouses. But many of these same folks are glad Trump is encouraging governors to allow in-person worship, an expression of the free-exercise protection in the same First Amendment.
If the left presses the "state sovereignty" argument against Trump too far, it may find that clashes will be refereed in federal courts, and that Trump is commander-in-chief of a military with firepower that dwarfs any state police or National Guard unit. But Trump, too, may wish to recall a lesson of the Tea Party, which is that if voters are angry enough at Washington that they've discovered the often-obscure Tenth Amendment, there may be some price to be paid by incumbents in the upcoming election.
For skeptics of Washington-imposed central authority or big government, the left's embrace of the Tenth Amendment may be a positive effect of the pandemic. What are the chances that it would last into a Biden administration?
Read the original:
Liberals Have Rediscovered the 10th Amendment's Value During the Coronavirus Pandemic - Reason
- Cruz says First Amendment absolutely protects hate speech in wake of Charlie Kirk killing - Politico - September 17th, 2025 [September 17th, 2025]
- Does the First Amendment protect you at work? Charlie Kirk critics are learning the answer - The Hill - September 17th, 2025 [September 17th, 2025]
- Pam Bondi Is Clueless About the First Amendment - New York Magazine - September 17th, 2025 [September 17th, 2025]
- The rights free speech defenders declare war on First Amendment over Charlie Kirk murder reactions - The Independent - September 17th, 2025 [September 17th, 2025]
- Federal judge overturns part of Floridas book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - The... - September 17th, 2025 [September 17th, 2025]
- How online reactions to Charlie Kirk's killing test limits of First Amendment - USA Today - September 17th, 2025 [September 17th, 2025]
- From TikTok to the First Amendment: Exploring journalism and democracy in a USC Annenberg course open to all majors - USC Annenberg - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - NewsNation - September 17th, 2025 [September 17th, 2025]
- Law professor on First Amendment and social media in the wake of Charlie Kirk assassination - WCTV - September 17th, 2025 [September 17th, 2025]
- Hiding Behind Kirk, Team Trump Launches 'Biggest Assault on the First Amendment' in Modern US History - Common Dreams - September 17th, 2025 [September 17th, 2025]
- Donald Trump vs the First Amendment - The Spectator World - September 17th, 2025 [September 17th, 2025]
- New Yorks Ban on Addictive Social Media Feeds for Kids Takes Shape With Proposed Rules - First Amendment Watch - September 17th, 2025 [September 17th, 2025]
- Republicans are honoring Charlie Kirks memory by declaring war on the First Amendment - The Verge - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - MSN - September 17th, 2025 [September 17th, 2025]
- South Bend responds to teacher comments about Charlie Kirk's death, cites First Amendment - South Bend Tribune - September 15th, 2025 [September 15th, 2025]
- What are the limits of free speech? Online controversies spark First Amendment debate - WKRC - September 13th, 2025 [September 13th, 2025]
- Are teachers' social media posts on Charlie Kirk protected by the First Amendment? - CBS News - September 13th, 2025 [September 13th, 2025]
- Federal Court Blocks Trump Administrations Freeze of Grants to Harvard University: Implications for First Amendment and Title VI Enforcement -... - September 13th, 2025 [September 13th, 2025]
- Dunleavy: A tribute to Charlie Kirk and the First Amendment - Juneau Empire - September 13th, 2025 [September 13th, 2025]
- This Just In: The Very First Amendment - Chapelboro.com - September 13th, 2025 [September 13th, 2025]
- FWC is limiting social media comments, raising First Amendment concerns - Creative Loafing Tampa - September 13th, 2025 [September 13th, 2025]
- On the First Amendment and the Fourth Estate - Boca Beacon - September 13th, 2025 [September 13th, 2025]
- WATCH: The first amendment vs. fascism - The.Ink | Anand Giridharadas - September 11th, 2025 [September 11th, 2025]
- Opinion | Vivek Ramaswamy: An Ohio County vs. the First Amendment - The Wall Street Journal - September 11th, 2025 [September 11th, 2025]
- Former Backpage CEO Gets Three Years of Probation After Testifying at Trial About Sites Sex Ads - First Amendment Watch - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk Died Protecting the First Amendment Says Grant County GOP Chair - Source ONE News - September 11th, 2025 [September 11th, 2025]
- This school year, attacks on the First Amendment extend to our schoolhouse doors | Opinion - Bergen Record - September 9th, 2025 [September 9th, 2025]
- A Decades-Long Peace Vigil Outside the White House Is Dismantled After Trumps Order - First Amendment Watch - September 9th, 2025 [September 9th, 2025]
- Woman sues Madison County attorney, former Madison city clerk over alleged violation of First Amendment rights - norfolkneradio.com - September 9th, 2025 [September 9th, 2025]
- Talkative Defendant Is Told He Misunderstands First Amendment By Harvey Weinstein Judge - Inner City Press - September 9th, 2025 [September 9th, 2025]
- 'South Park' keeps tying Trump to Satan. What to know about satire and the First Amendment - USA Today - September 6th, 2025 [September 6th, 2025]
- Man told to take down Trump flag says it's a First Amendment issue. Mayor says it has to be on a flag pole - News 12 - Westchester - September 6th, 2025 [September 6th, 2025]
- First Amendment Rights and Protesting in Tennessee - Nashville Banner - September 6th, 2025 [September 6th, 2025]
- Northwestern University President Says He Will Resign Following Tenure Marked by White House Tension - First Amendment Watch - September 6th, 2025 [September 6th, 2025]
- Surprise resident's First Amendment fight against city far from over one year later - yourvalley.net - September 6th, 2025 [September 6th, 2025]
- Letter: Trump crushes the First Amendment - InForum - September 5th, 2025 [September 5th, 2025]
- From Kozminski to Cherwitz: The TVPA's Transformation from Anti-Trafficking Tool to First Amendment Weapon - The National Law Review - September 5th, 2025 [September 5th, 2025]
- Graham Linehans arrest shows we need a UK First Amendment - Spiked - September 5th, 2025 [September 5th, 2025]
- First Amendment battles loom over another religious law in Texas - yahoo.com - September 5th, 2025 [September 5th, 2025]
- Trump Administration Agrees To Restore Health Websites and Data - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- MFIA Clinic Urges FTC to Withdraw Proposed Consent Order on First Amendment Grounds - Yale Law School - September 5th, 2025 [September 5th, 2025]
- Judge Reverses Trump Administrations Cuts of Billions of Dollars to Harvard University - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- Harvard Wins Legal Battle over Research Funding, Citing First Amendment Rights - Davis Vanguard - September 5th, 2025 [September 5th, 2025]
- We have the First Amendment and we have to protect it: GOP lawmaker - Fox Business - September 5th, 2025 [September 5th, 2025]
- Jay Bhattacharya: the First Amendment is unenforceable - UnHerd - September 5th, 2025 [September 5th, 2025]
- Judge rules Trump administration violated First Amendment in Harvard funding dispute - Washington Times - September 5th, 2025 [September 5th, 2025]
- LAWSUIT: Texas bans the First Amendment at public universities after dark - FIRE | Foundation for Individual Rights and Expression - September 3rd, 2025 [September 3rd, 2025]
- Organization Defends UTCs First Amendment Rights As Greek Life Paused In Hazing Probe - Black Enterprise - September 1st, 2025 [September 1st, 2025]
- Thank Goodness For The First Amendment: SALT In Review - Law360 - August 29th, 2025 [August 29th, 2025]
- Meet the First Amendment reporters protecting your freedoms | Opinion - The Tennessean - August 29th, 2025 [August 29th, 2025]
- Florida Cities Race To Save Rainbow Crosswalks as the States Deadlines for Removal Loom - First Amendment Watch - August 29th, 2025 [August 29th, 2025]
- The First Amendment Does Not Protect Media Matters From Breaking The Law - News Radio 1200 WOAI - August 29th, 2025 [August 29th, 2025]
- A Burning First Amendment Issue: President Trumps Executive Order On Flag Desecration - Hoover Institution - August 27th, 2025 [August 27th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - the-independent.com - August 27th, 2025 [August 27th, 2025]
- Opening convocation: Signing the Honor scroll and learning first amendment rights - The Cavalier Daily - August 27th, 2025 [August 27th, 2025]
- Trumps Order on Flag Burning Could Return the Question to the Supreme Court - First Amendment Watch - August 27th, 2025 [August 27th, 2025]
- Few can name the freedoms the First Amendment protects. We must change that | Opinion - azcentral.com and The Arizona Republic - August 27th, 2025 [August 27th, 2025]
- First Amendment violations? Maine town reviews ordinance barring homeschoolers from school board - Read Lion - August 27th, 2025 [August 27th, 2025]
- Editorial: The point of the First Amendment - The Christian Chronicle - August 27th, 2025 [August 27th, 2025]
- Trump flag burning executive order could flip First Amendment on its head with new court - Fox News - August 26th, 2025 [August 26th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - The Independent - August 26th, 2025 [August 26th, 2025]
- Trump says flag burning is a crime, First Amendment be damned - Daily Kos - August 26th, 2025 [August 26th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - Yahoo News Canada - August 26th, 2025 [August 26th, 2025]
- Trump Bans Flag Burning in Direct Threat to First Amendment - The New Republic - August 26th, 2025 [August 26th, 2025]
- 'Vindicating the First Amendment': Law professors win injunction against Trump admin over proposed sanctions for their work with International... - August 24th, 2025 [August 24th, 2025]
- Notice of Public Hearing: Warhorse Ranch Development Agreement First Amendment Request - City of Draper (.gov) - August 24th, 2025 [August 24th, 2025]
- Can my child's teacher hang a pride flag in the classroom? The First Amendment and schools - IndyStar - August 22nd, 2025 [August 22nd, 2025]
- A Matter of Fact: Origin of the First Amendment - KUSA.com - August 22nd, 2025 [August 22nd, 2025]
- Police Blotter: Chores stink, that First Amendment right - thepostathens.com - August 22nd, 2025 [August 22nd, 2025]
- UK professor reassigned over views shared on website claims his First Amendment rights have been violated - WKYT - August 20th, 2025 [August 20th, 2025]
- A federal court took 2 years to figure out that gay people have First Amendment rights - vox.com - August 20th, 2025 [August 20th, 2025]
- MFIA Clinic Presses Court to Affirm First Amendment Protection for Filming in Public - Yale Law School - August 20th, 2025 [August 20th, 2025]
- Judge blocks mandatory Ten Commandments display in schools, citing First Amendment - KEYE - August 20th, 2025 [August 20th, 2025]
- Texas judge blocks Ten Commandments schools bill on First Amendment grounds - Amarillo Globe-News - August 20th, 2025 [August 20th, 2025]
- Franklin, Tennessee, Is Violating the First Amendment Over Yard Signs and Flags - FIRE | Foundation for Individual Rights and Expression - August 20th, 2025 [August 20th, 2025]
- Immigrants Seeking Lawful Work and Citizenship Are Now Subject to Anti-Americanism Screening - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- FIRE Attorney Zach Silver on the First Amendment Right to Record Police in Pennsylvania - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- Hulk Hogans Lasting Effect on Publishing and Privacy Isnt What You Think - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- 9/11 and the First Amendment: Five years on - Free Speech Center - August 18th, 2025 [August 18th, 2025]
- Video Lesson: Introduction to the First Amendment - FIRE | Foundation for Individual Rights and Expression - August 18th, 2025 [August 18th, 2025]