THOUGHTS ON TENTH AMENDMENT INCORPORATION: “Nor is applying the Tenth Amendment against the states a logical impossibility. We already know from cases like New York that states cannot waive Tenth Amendment-based limitations on federal power. So, if a state law directs state officials to assist in the enforcement of a federal law that exceeds the powers of the federal government, and doing so affects the liberty of an individual, this should give rise to a Tenth Amendment-based claim against the state.”
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