Major Instances of 10th Amendment
(States Rights)
Violations
| Year | Event/Legislation | Description | Result | Likely Noninterventionist Result |
|---|---|---|---|---|
| 1820 | Missouri Compromise | Federal suppression of local citizens' choices about slavery policy, contrary to the US Con. | Temporary patch which increased sectional conflict and increased central govt power. | Slavery was inefficient and on its way out without any central government intervention. |
| 1850 | Fugitive Slave Law | Forced local law enforcement to assist slave-catchers in returning runaways. | Helped popularize jury nullification. The Underground Railroad had to run to Canada. | Would have been easier for slaves to run away, and more expensive for slave-holders to recapture them. |
| 1861 | War for Forced Unification ("Civil" War) |
Destroyed the voluntary union, creating a central government overlord. Secession outlawed. | 800,000 unnecessary deaths, the loss of govt by consent, and a brutal military occupation. | Slavery would have died out anyway, and the southern states may later have rejoined the US. |
| 1863-4 | National Bank Act | Prohibited state banks from issuing bank notes redeemable in specie. | This decimated local banking, endorsed fiat currency, and effectively nationaled banking. | State banks dealing in gold/silver based currency would have delayed or prevented unbacked fiat. |
| 1930s | Numerous New Deal policies | Federal "economic recovery" programs undermined local efforts. Feds destroyed crops! | The Great Depression was prolonged in the US long after European countries had recovered. | A speedier and more sustainable recovery from the Great Depression. |
| 1964 | Civil Rights Act | Outlawed discrimination in government (good) and private people and businesses (very bad). | "Public accomodations" section violated freedom of association causing massive civil unrest. | Sports, entertainment, and other areas were already being integrated w/o government intervention. |
| 1970s-80s | Environmental Regulations | Federal laws imposed standards that states were forced to follow. CO2 declared pollution. | State governments and local people often challenged these laws, but many were upheld. | Local laws addressing actual harm to people and property would have prevailed. |
| 1990s-2000s | Welfare Reform & Education Regs | Federal mandates on welfare and education imposed requirements on states. | States complied, leading to federal overreach, lower ed standards, and worse results. | Higher quality education with parental choice and local control. |
