The Tenth Amendment reserves state sovereignty where the federal government is not constitutionally authorized to act. Although states have the right, under the Tenth Amendment, to challenge federal regulatory schemes that “commandeer” state legislatures, it is unclear whether private citizens have standing to pursue such claims. In Medeiros v. Vincent, the First Circuit Court of Appeals considered whether lobsterman Stephen Medeiros had standing to bring a Tenth Amendment “commandeering” claim against the Atlantic States Marine Fisheries Commission (ASMFC) and the Rhode Island Department of Environmental Management (DEM). Following Supreme Court precedent, the First Circuit held that private citizens do not have standing to challenge federal legislation under the Tenth Amendment. . . .
- Congratulations to the Volume LIV Front Office!
- Constitutional Law – The Big Picture: Applying Heightened Protection to Digital Cameras – Commonwealth v. Mauricio, 80 N.E.3d Mass. 318 (Mass. 2017)
- The Perpetual Problem with Semantics: Reconciling Inconsistencies Amid Payton, Steagald, the Fourth Amendment, and Invasive Technologies
- Police Misconduct: Ineffective Police Department Complaint-Review Procedures and the Proposition of Corrective Federal Oversight
- Bridging the Gap: Providing “Access to Justice” for Middle-Market Litigants