Will wonders never cease. Steve
Goldwater Institute – Groundbreaking US Supreme Court decision on the Tenth Amendment
Posted by Arizona Tea Party on June 17, 2011 at 11:30am
Yesterday the U.S. Supreme Court issued one of the best and most important decisions ever on federalism. The Court unanimously held that not just states but individuals have standing to challenge federal laws as violations of state sovereignty under the 10th Amendment. This decision is as radical in the direction of liberty as the New Deal was radical in the direction of socialism. Click here to read the decision.
In short, freedom advocates like us just got a green light from the USSC to bring more cases under the 10th Amendment. This will have huge—positive—implications for freedom so long as the current constitution of the court holds
Here is our favorite passage: “Federalism secures the freedom of the individual. It allows States to respond, through the enactment of positive law, to the initiative of those who seek a voice in shaping the destiny of their own times without having to rely solely upon the political processes that control a remote central power.” We will put this precedent to work immediately when we file our opening brief in the Obamacare lawsuit Monday, and also in our defense of Save Our Secret Ballot against the NLRB challenge, and many more cases to come.
One other important note: Sometimes little cases make big constitutional law. This case involved a woman who was prosecuted under federal law for harassing her husband’s girlfriend—not the set of facts ordinarily creating an important precedent. Some of our cases, too, are seemingly “little” but with big principles at stake.
Freedom is making strides in the courtroom, and we’ll do our best to keep that momentum going. Thank you for your support that makes it possible._______________________________________
President & CEO
Goldwater Institute | www.GoldwaterInstitute.org