But Doesn’t Federal Law Supersede State Law?

Rather than direct action against federal laws, acts or regulations, anti-commandeering is simply a lack of any state action whatsoever. When the feds come around to enforce their laws or implement their programs, the states just stand back and shove their hands in their pockets, so to speak. What makes this tactic so effective is that in practice the feds are utterly reliant on the states to enforce their laws. When the states withhold their help, the federal laws lose their teeth.




Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s