“I don’t know of a single case (since the 1930’s) decided in states favor on 10th amendment grounds.”
I think an example of the use of the 10th was when Trump offered to send in federal guard troops to assist the governors, even at federal expense. And the liberal governors not only declined, but raised hell when border patrol arrested people in Oregon for trying to damage federal property.
Since the 1930’s there have have been 13 cases that have been tried under the 10 amendment profile.
An example is in 1992, the Supreme Court ruled the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law.
SD O’Conner even guide lined how the feds could legally threaten the states to accomplish the goal anyway. But she did not support their ignoring of the 10th.
Another example is by:
“setting a precedent with important implications today, the Supreme Court’s decision from 1997 in Printz v. United States reaffirmed states’ rights and the Constitution’s anti-commandeering provisions.”
https://constitutioncenter.org/blog/on-this-day-the-supreme-court-reinforces-the-10th-amendment
They are there, but no one in the BS media is telling anyone.
wy69
Thanks for all that. I found a reasonable summary including links to the post-Darby cases
https://constitutionallawreporter.com/amendment-10/
Also found a great “debate format” exchange that includes this ...
In modern times, the enumerated powers of the national government have been misread beyond all recognition, to the point that the actual Constitution is not really part of the governing structure at all. We live with a shadow, or “zombie,” Constitution that has the outer husk of the original document but none of its actual substance. Once the enumerated powers are misconstrued out of existence, weight falls on the rest of the Constitution, most notably the Bill of Rights, to restore to some very modest degree the original balance of power. The various “Tenth Amendment” cases decided by the Supreme Court may serve this function. Congress, for instance, has no enumerated power to conscript state legislatures or executives into enforcing federal law (though it does actually have enumerated power to conscript state courts into hearing federal cases through the Article I Tribunals Clause). But if arguments that rest on a lack of enumerated power are foreclosed by wretchedly bad prior cases, then subbing in the Tenth Amendment to reach the correct result is not a completely irrational strategy. It may not be as good as getting the enumerated powers right in the first place, but it may be a plausible second-best solution.
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-x/interps/129