For example, Congress might rationally conclude that the location a State chooses for its capital may affect interstate commerce, but the Court has suggested that Congress would nevertheless be barred from dictating that location because such an exercise of a delegated power would undermine the state sovereignty inherent in the Tenth Amendment. As is true of the original legislation, these are drafted largely by staff personnel. The Court's opinion mentions the Tenth Amendment only once, when it restates the question put to the parties for reargument in these cases. 197, as amended, 42 U.S.C. The most obvious defect of a historical approach to state immunity is that it prevents a court from accommodating changes in the historical functions of States, changes that have resulted in a number of once-private functions like education being assumed by the States and their subdivisions.9 At the same time, the only apparent virtue of a rigorous historical standard, namely, its promise of a reasonably objective measure for state immunity, is illusory. Madison elaborated on the content of these separate spheres of sovereignty in The Federalist No. Indeed, the Court ultimately chose "not, by an attempt to formulate any general test, [to] risk embarrassing the decision of cases [concerning] activities of a different kind which may arise in the future." 656, 660-661, 82 L.Ed. 82, 88, 87 L.Ed. I, § 8, cl. As recently as June 1, 1982, the five Justices who constitute the majority in this case also were the majority in FERC v. Mississippi. Gen. Rex E. Lee, Washington, D.C., for appellant in No. Garcia v. SAMTA, Civil Action No. Louisiana v. FERC, 444 U.S. 879, 100 S.Ct. These represent only a few of the many cases in which the Court has recognized not only the role, but also the importance, of state sovereignty. Justice O'CONNOR, the only new member of the Court since our decision in National League of Cities, has joined the Court in reaffirming its principles. We would do well to recall the constitutional basis for federalism and the development of the commerce power which has come to displace it. 81, 88. Brush v. Commissioner, 300 U.S., at 365, 57 S.Ct., at 498. See, e.g., Fry v. United States, supra, 421 U.S., at 547, 95 S.Ct., at 1795; Perez v. United States, supra, 402 U.S., at 151-152, 91 S.Ct., at 1360; Heart of Atlanta Motel, Inc. v. United States, supra, 379 U.S., at 258-259, 85 S.Ct., at 358-359. 2305, 2311, 81 L.Ed.2d 164 (1984). Neither SATS nor SAMTA appears to have attempted to avoid the FLSA's minimum-wage provisions. U.S. At the same time that the Court was holding a municipal water supply to be immune from federal taxes, it had held that a state-run commuter rail system was not immune. "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." It concluded, as Madison did, that this authority extended to "nearly the whole charge of interior regulation . 954 (1938). Central to our inquiry into the federal interest is how closely the challenged action implicates the central concerns of the Commerce Clause, viz., the promotion of a national economy and free trade among the States. The Federalist No. To leave no doubt about its intention, the Court renounces its decision in National League of Cities because it "inevitably invites an unelected federal judiciary to make decisions about which state policies it favors and which ones it dislikes." United States v. Wrightwood Dairy Co. was heavily relied upon by Wickard v. Filburn, 317 U.S. 111, 124, 63 S.Ct. 1792, 1795, n. 7, 44 L.Ed.2d 363 (1975). In the words of James Madison to the Members of the First Congress: "Interference with the power of the States was no constitutional criterion of the power of Congress. denied sub nom. 318, 74 L.Ed.2d 294 (1982); Friends of the Earth v. Carey, 552 F.2d 25 (CA2), cert. 448, 458, 93 L.Ed. 3538, 16 U.S.C. Texas v. FERC, 457 U.S. 1105, 102 S.Ct. Const., Amdt. § 1252. The court next looked to the record of federal involvement in the field and concluded that constitutional immunity would not result in an erosion of federal authority with respect to state-owned mass-transit systems, because many federal statutes themselves contain exemptions for States and thus make the withdrawal of federal regulatory power over public mass-transit systems a supervening federal policy. Attempts by other courts since then to draw guidance from this model have proved it both impracticable and doctrinally barren. Having thus considered the cases out of context, it was not difficult for the Court to conclude that there is no "organizing principle" among them. In the cited cases, however, the courts considered the issue of state immunity on the specific facts at issue; they did not make blanket pronouncements that particular things inherently qualified as traditional governmental functions or did not. . UMTA now authorizes the Department of Transportation to fund 75 percent of the capital outlays and up to 50 percent of the operating expenses of qualifying mass-transit programs. The Court does not explain how leaving the States virtually at the mercy of the Federal Government, without recourse to judicial review, will enhance their opportunities to experiment and serve as "laboratories.". In 1913, the Texas Legislature authorized the State's municipalities to regulate vehicles providing carriage for hire. 326 (1946): "The process of Constitutional adjudication does not thrive on conjuring up horrible possibilities that never happen in the real world and devising doctrines sufficiently comprehensive in detail to cover the remotest contingency. pending, No. Madison took the same position, explaining that "the people will be more familiarly and minutely conversant" with the business of state governments, and "with the members of these, will a greater proportion of the people have the ties of personal acquaintance and friendship, and of family and party attachments. 326 (1946), it has not taken the drastic approach of relying solely on the structure of the Federal Government to protect the States' immunity from taxation. Indeed, it is unlikely that special interest groups will fail to accept the Court's open invitation to urge Congress to extend these and other statutes to apply to the States and their local subdivisions. National League of Cities, supra, 426 U.S., at 849, 96 S.Ct., at 2473. ." The financial impact on States and localities of displacing their control over wages, hours, overtime regulations, pensions, and labor relations with their employees could have serious, as well as unanticipated, effects on state and local planning, budgeting, and the levying of taxes.20 As we said in National League of Cities, federal control of the terms and conditions of employment of state employees also inevitably "displaces state policies regarding the manner in which [States] will structure delivery of those governmental services that citizens require."
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