Elizabeth Jo
๐ค SpeakerAppearances Over Time
Podcast Appearances
Yeah.
That we are here to uphold it.
So it's not that some goals are good and some are bad.
It's simply telling Congress you cannot do it in this way.
Well, for sure.
Then you're agreeing with the majority, which, you know, the court has said repeatedly.
Yeah.
And in a way, it does make sense to have that consistency because we see the 10th Amendment's anti-commandeering principle.
It's not a blue state weapon nor a red state weapon.
It is a an argument that states make against the federal government.
Yeah.
So there's another less commonly discussed aspect of the Tenth Amendment, and it's called the equal sovereignty doctrine.
Again, it's not in there.
It doesn't refer to it.
None of those words are there.
But the court has recognized this idea.
And the idea of equal sovereignty is that Congress can't pass laws that treat states unequally, or at least probably they can't do so unless they have a really, really, really good reason.
Right.
Yeah.
So in Shelby County versus Holder in 2013, the Supreme Court struck down parts of the Voting Rights Act.