The Tenth Amendment to the U.S. Constitution states simply that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Our Constitution was designed to limit the reach of federal government authority into our daily lives. That uniquely American doctrine unites 13 colonies into “these United States” by recognizing each state as its own sovereign government within a sovereign national government. In other words, the states were not meant to be mere sub-departments of the national government, but sovereign governments in their own right whose powers and sphere of authority could not be infringed on by the national government.
But, over time, the federal government has encroached upon the sovereignty of the states through excessive mandates, over-regulation, and confiscatory taxation.
Too many federal agencies are out of control including the Environmental Protection Agency (EPA), the Bureau of Land Management, the Federal Communications Commission, the National Labor Relations Board, the Labor Department, and others that issue and enforce regulations never authorized, and often opposed by Congress. Increasingly, the federal government is choosing not to enforce laws regarding immigration, health care, bankruptcy, welfare work requirements and others that Congress did indeed make the law of the land.
The ACRU has filed numerous amicus briefs at the U.S. Supreme Court challenging unconstitutional power grabs by unelected federal bureaucrats. One example was our support for Mike and Chantell Sackett, an Idaho couple victimized by heavy-handed EPA rulings that effectually destroyed their property rights—without even allowing them the opportunity to challenge the EPA rules in federal court.
We have consistently challenged the constitutionality of the Affordable Care Act on numerous fronts and will continue to use every opportunity available to prevent the federal takeover of our health care system.
President Ronald Reagan recognized that our Founders’ greatest gift to us was our federalist form of government, which makes each state a laboratory for democracy and problem solving—because the most effective solutions are made by those closest to a problem.
Federalism “In The News”
- In a brief submitted today, the American Civil Rights Union asks the U.S. Supreme Court to stop President Obama from obliterating the separation of powers doctrine in the Constitution.CONTINUE READING
- The most comprehensive assault on the Separation of Powers Doctrine, in the history of American law.CONTINUE READING
- In a major development that may bode well for reining in the Affordable Care Act (ACA), the U. S. Supreme Court has agreed to hear a challenge based on the creation of ...CONTINUE READING
- Ninth Circuit wrongly approves delegation of legislative and judicial authority to Fish and Wildlife Service, American Civil Rights Union brief states.CONTINUE READING
- WASHINGTON, D.C. (Oct. 1, 2014) — A federal judge’s ruling on Tuesday declaring Obamacare subsidies on federal exchanges to be an “abuse of discretion” by the federal government is a victory for ...CONTINUE READING
- The Internal Revenue Service (IRS) acted illegally when it issued an Obamacare rule allowing subsidies for health care insurance purchased in federal exchanges in states that declined to create their own exchanges, ...CONTINUE READING
- 9-0 Ruling Says President Cannot Make “Recess Appointments” When Senate Is Not in Recess. WASHINGTON, D.C. (June 26, 2014) —- The U.S. Supreme Court’s unanimous decision to rebuke President Obama for making executive ...CONTINUE READING
- This column by ACRU Senior Legal Analyst Ken Klukowski was published May 15, 2014 on Breitbart.com. U.S. District Judge Amy Berman Jackson was openly irritated both with Attorney General Eric Holder and with ...CONTINUE READING
- WASHINGTON, D.C. (March 11, 2014) —- In a brief filed Monday at the Fourth District U.S. Court of Appeals, the American Civil Rights Union (ACRU) argues that the Internal Revenue Service (IRS) ...CONTINUE READING
- Group’s Supreme Court brief supports private company against negative ruling by a National Labor Relations Board that lacked a constitutionally legal quorum. WASHINGTON, D.C. (Nov. 26, 2013) — President Obama violated the Constitution ...CONTINUE READING
- This column by ACRU Senior Fellow Robert Knight was published November 17, 2013 on The Washington Times website. When Bill Clinton jumps off the bus over embarrassing prevarications, you know it’s getting serious. The ...CONTINUE READING
- This column by ACRU General Counsel Peter Ferrara was published October 2, 2013 on the American Spectator website. Day 2 of the government shutdown, and look out the window. The sun is ...CONTINUE READING
- This column by ACRU Senior Fellow Robert Knight was published September 9, 2013 on The Washington Times website. Holder is cool with marijuana, but not with preventing election fraud. I’m all for according public ...CONTINUE READING
- This column by ACRU Senior Legal Analyst Ken Klukowski was published August 12, 2013 on Breitbart.com. Attorney General Eric Holder has just announced an end-run around Congress and given the far left one ...CONTINUE READING
- This column by ACRU Policy Board Member and Professor of Economics Dr. Walter E. Williams was published July 3, 2013 on Townhall.com. Recent opinion polls demonstrate a deepening distrust of the federal government. ...CONTINUE READING
- This column by ACRU Senior Legal Analyst Ken Klukowski was published on November 19, 2012 on Breitbart.com. President Barack Obama’s lawyers are claiming vast and sweeping powers in arguments to the U.S. Supreme ...CONTINUE READING
- This column by ACRU Senior Legal Analyst Ken Klukowski was published on October 11, 2012 on Breitbart.com. Government preferring one racial group over another in college admissions may be about to end, in ...CONTINUE READING
- This column by ACRU Senior Legal Analyst Ken Klukowski was published on October 8, 2012 on Breitbart.com. Oct. 7 was Pulpit Freedom Sunday, when thousands of pastors organized by the Alliance Defending Freedom ...CONTINUE READING
- This column by ACRU General Counsel Peter Ferrara and former House Speaker Newt Gingrich was published October 3, 2012 on the Investor’s Business Daily website. So far, Obamanomics has produced the worst recovery ...CONTINUE READING
- This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published October 5, 2012 on Forbes.com. As in so much else, Progressives hold ...CONTINUE READING