Menu
Sign In Search Podcasts Charts People & Topics Add Podcast API Blog Pricing

Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That we are here to uphold it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So it's not that some goals are good and some are bad.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's simply telling Congress you cannot do it in this way.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Well, for sure.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Then you're agreeing with the majority, which, you know, the court has said repeatedly.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And in a way, it does make sense to have that consistency because we see the 10th Amendment's anti-commandeering principle.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's not a blue state weapon nor a red state weapon.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It is a an argument that states make against the federal government.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So there's another less commonly discussed aspect of the Tenth Amendment, and it's called the equal sovereignty doctrine.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Again, it's not in there.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It doesn't refer to it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

None of those words are there.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But the court has recognized this idea.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

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.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So in Shelby County versus Holder in 2013, the Supreme Court struck down parts of the Voting Rights Act.