ICYMI: Iowa Independent: Iowa GOP declares war on health reform
Key Point: But while the state sovereignty arguments may have a political impact, “none is likely to have any effect on the legislation’s constitutionality.”
“Under the 10th Amendment, if Congress enacts a law pursuant to one of the ‘powers . . . delegated to the United States by the Constitution,’ then that law is supreme, and nothing a state can do changes this,” Barnett said. “Any state power to ‘nullify’ unconstitutional federal laws has long been rejected.”