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Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public.
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Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public.
In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take. [1] The US Supreme Court has held that commandeering violates principles designed to prevent either the state or federal governments from becoming too powerful. [2] [3] Writing for the majority in 1997 for Printz v. United States , Justice Antonin Scalia said, "[t]he Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." [4] States derive their protection from commandeering from the Tenth Amendment. [5]
The Congress may enact federal law that supersedes or preempts state law. The distinction between commandeering and preemption was at issue in Murphy v. NCAA , a case involving sports betting. [6] [7]
In the case of marijuana legalization, federal law preempts laws in those states that have authorized its use. The federal government has chosen not to enforce provisions of federal law that apply to otherwise law-abiding adult use in those states. If the Department of Justice were to challenge these state laws, a likely legal objection would be that this is commandeering. [5] Challenges to state-level marijuana legalizations in federal court have been unsuccessful for this reason. [8]
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement, with the federal government having the supremacy. The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
The Congress shall have Power... 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.
In the United States, federalism is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and New Federalism.
Printz v. United States, 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.
Federalist No. 27, titled "The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is an essay by Alexander Hamilton, the twenty-seventh of The Federalist Papers. It was published on December 25, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 27 is the second of three successive essays covering the relationship between legislative authority and military force, preceded by Federalist No. 26, and succeeded by Federalist No. 28.
In the United States, gambling is subject to a variety of legal restrictions. In 2008, gambling activities generated gross revenues of $92.27 billion in the United States.
Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.
The Professional and Amateur Sports Protection Act of 1992, also known as PASPA or the Bradley Act, was a law, judicially-overturned in 2018, that was meant to define the legal status of sports betting throughout the United States. This act effectively outlawed sports betting nationwide, excluding a few states.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution. There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts, although jury nullification has.
Reno v. Condon, 528 U.S. 141 (2000), was a case in which the Supreme Court of the United States upheld the Driver's Privacy Protection Act of 1994 (DPPA) against a Tenth Amendment challenge.
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating cases, the issue of preemption may be heard in either state or federal court.
Arizona v. United States, 567 U.S. 387 (2012), was a United States Supreme Court case involving Arizona's SB 1070, a state law intended to increase the powers of local law enforcement that wished to enforce federal immigration laws. The issue is whether the law usurps the federal government's authority to regulate immigration laws and enforcement. The Court ruled that sections 3, 5(C), and 6 of S. B. 1070 were preempted by federal law but left other parts of the law intact, including a provision that allowed law enforcement to investigate a person's immigration status.
Gambling in New Jersey includes casino gambling in Atlantic City, the New Jersey Lottery, horse racing, off-track betting, charity gambling, amusement games, and social gambling. New Jersey's gambling laws are among the least restrictive in the United States. In 2013, the state began to allow in-state online gambling. Five years later in 2018, the state won a lawsuit that dismantled Nevada's monopoly on legal sports betting.
Gonzales v. Raich, 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.
Cannabis in Nebraska is legal for medical use. First offense for possession of small amounts was reduced to a civil infraction in 1979.
Murphy v. National Collegiate Athletic Association, No. 16-476, 584 U.S. 453 (2018) [138 S. Ct. 1461], was a United States Supreme Court case involving the Tenth Amendment to the United States Constitution. The issue was whether the U.S. federal government has the right to control state lawmaking. The State of New Jersey, represented by Governor Philip D. Murphy, sought to have the Professional and Amateur Sports Protection Act (PASPA) overturned to allow state-sponsored sports betting. The case, formerly titled Christie v. National Collegiate Athletic Association until Governor Chris Christie left office, was combined with NJ Thoroughbred Horsemen v. NCAA No. 16-477.
The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, governed federal prosecution of offenses related to marijuana. The memo stated that given its limited resources, the Justice Department would not enforce federal marijuana prohibition in states that "enacted laws legalizing marijuana in some form and ... implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana," except where a lack of federal enforcement would undermine federal priorities.
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