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Which Constitutional provisions have been interpreted as weakening the 10th amendment?
Wiki User
∙ 13y ago
Some might say the "necessary and proper clause" and the "interstate commerce clause" have both weakened the Tenth Amendment because they confer on Congress undefined powers allowing them to enforce laws and regulate interstate commerce, sometimes on businesses that operate wholly within a state's borders.
The existence of these clauses doesn't automatically render the States powerless; the US Supreme Court has struck down laws passed on the basis of either clause as unconstitutional. This was the primary source of disagreement between President Roosevelt and the Supreme Court in the 1930s.
Article I, Section 8, Necessary and Proper Clause:
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
Article I, Section 8, Interstate Commerce Clause:
"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
Wiki User
∙ 13y ago
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Why would a president's appointment of judges to the supreme court be interpreted as weakening the separation of the powers in the government of the US?
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